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List of Forms by Chapter - Chapter 1 — Expungement and Sealing: A Lawyer’s Guide
- I. [1.1] Legislative History
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II. [1.2] Expungement and Sealing - Expungement
- [1.3] What Records Can Be Expunged
- [1.4] What Records Cannot Be Expunged
- [1.5] When Records Can Be Expunged
- [1.6] Special Cases Allowing for Expungement of Convictions
- [1.7] Pardoned Convictions
- [1.8] Factually Innocent and Certificates of Innocence
- [1.9] Certificates of Eligibility for Expungement
- [1.10] Legalization of Cannabis and Expungement of Cannabis Records
- [1.11] Felony Prostitution Convictions
- [1.12] Sealing
- [1.13] What Records Can Be Sealed
- [1.14] What Records Cannot Be Sealed
- [1.15] When Records Can Be Sealed
- [1.16] Provisions Unique to Sealing
- [1.17] Immediate Sealing of Records
- [1.18] Sealing for Trafficking Victims
- [1.19] Effect of Subsequent Felony Convictions
- [1.20] Certificates of Eligibility for Sealing
- [1.21] Procedure for Expungement and Sealing
- [1.22] Filing and Contents of the Petition
- [1.23] Filing Fees and Fee Waivers
- [1.24] Other Required Documents Upon Filing
- [1.25] Service of the Petition
- [1.26] Objection Period and Hearings
- [1.27] Court Discretion in Decision To Expunge or Seal
- [1.28] Entry of the Order
- [1.29] Service and Compliance with the Order
- [1.30] Motions To Vacate, Modify, or Reconsider
- [1.31] Verification of Compliance
- [1.32] Implementation and Effect of Orders To Expunge and Orders To Seal
- [1.33] Effect of an Expungement
- [1.34] Effect of Sealing
- [1.35] The Illinois Human Rights Act
- [1.36] Occupational Licensing Protections
- III. [1.37] Getting Started
- IV. [1.41] Forms for Expungement and Sealing
- Chapter 2 — Juvenile Expungement
- I. [2.1] Introduction
- II. [2.5] What Are Juvenile Records?
- III. Law of Juvenile Expungement
- [2.6] The Youth Opportunities and Fairness Act
- What Can Be Expunged and When?
- [2.7] Automatic Expungement
- [2.8] Records Under 705 ILCS 405/5-915(1)
- [2.9] Records Under 705 ILCS 405/5-915(2)
- [2.10] Access and Review
- How Does a Youth Learn About Expungement?
- [2.11] Responsibility of Arresting Agency
- [2.12] Responsibility of Court
- IV. Expungement Procedure
- V. Additional Resources
- Chapter 3 — Expungement and Sealing in Cook County
- I. Introduction
- II. [3.3] How To Obtain Complete Criminal Records
- [3.4] When All Arrests Took Place in Chicago
- [3.5] When All Arrests Are in Cook County
- When All Arrests Are in Illinois
- [3.6] Illinois State Police Criminal History Transcript
- [3.7] Uniform Conviction Information Act Report
- [3.8] When All Arrests Are in the United States
- [3.9] Supplementing Traditional Sources of Information
- [3.10] From the Arresting Agencies
- [3.11] From the Court Docket
- [3.12] From the Court File
- [3.13] From the Transcript
- III. [3.14] Court Forms
- IV. Filing
- [3.22] How to File
- [3.23] E-Filing
- [3.24] Filing In Person
- [3.25] What To Bring When Filing in Person
- Fees
- [3.26] Clerk’s Office Fees
- [3.27] Illinois State Police Fees
- [3.28] Arresting Agency Fees
- [3.29] Fee Waivers and Rule 298 Certification for Waiver of Fees
- [3.30] Copies
- [3.31] Mailing Notice to the Required Parties
- V. [3.32] When a Court Appearance Is Required
- VI. Presenting the Petition at Hearing
- [3.33] Factors Guiding the Court’s Decision
- [3.34] Notification of Objections
- [3.35] Conduct of the Hearing
- [3.36] Petitioner’s Affirmative Statements
- [3.37] The Strength of the State’s Case Against the Petitioner
- [3.38] The State’s Reasons for Wishing To Retain the Records
- [3.39] The Petitioner’s Age
- [3.40] The Petitioner’s Criminal Record
- [3.41] The Petitioner’s Employment History
- [3.42] The Length of Time That Has Elapsed Between the Arrest and the Filing of the Petition
- [3.43] The Specific Adverse Consequences the Petitioner May Be Subject to Should the Petition Be Denied
- [3.44] Other Positive Factors
- Common Objections and Responses
- [3.45] Procedural Objections
- [3.46] Statutory Objections
- [3.47] Petitioner’s Expungement Petition Includes Conviction
- [3.48] Waiting Period Has Not Elapsed
- [3.49] Ineligible Charge or Disposition
- [3.50] Prior Sealing of Felony Convictions
- [3.51] Discretionary Objections — Public Policy
- [3.52] Pattern or Practice of Behavior
- [3.53] Likelihood of Actual Guilt/Strength of the State’s Case
- [3.54] Nature of the Offense
- [3.55] History of Substance Abuse or Alcoholism
- [3.56] Recent Arrests or Pending Cases
- [3.57] Unpaid Fines and Fees
- VII. [3.58] Cases with Companion Orders of Protection
- VIII. [3.59] Client’s Petition Is Denied
- IX. Motions To Vacate
- X. [3.69] Presiding Judge Reddick’s Standing Order of February 9, 2024
- Chapter 4 — Criminal Identity Theft
- Chapter 5 — Employment, Housing, and Other Related Critical Support
- I. Employment
- [5.1] General Barriers
- Employment Issues To Review with Client
- [5.2] Review Criminal Background Check
- [5.3] Impact of Criminal Record on Specific Industries
- [5.4] Discussing Criminal History with Employers
- [5.5] Hiring Incentives Available to Employers
- [5.6] Immunity for Employers Hiring Employees with a Certificate of Rehabilitation
- [5.7] Tax Incentives
- [5.8] Bonding
- [5.9] Other Financial Assistance
- [5.10] Support Organizations
- [5.11] Disincentive to Employers — Employer Liability
- [5.12] Employment Rights of People with Criminal Records
- [5.13] Background Checks
- Preparation for Job Market
- [5.14] Getting Assistance
- [5.15] Civic Engagement
- [5.16] State Identification
- [5.17] Employment Information Sources
- II. Housing
- III. [5.21] Education
- IV. [5.22] Public Benefits Restrictions
- V. [5.27] Military Service
- VI. [5.28] Voting and Political Engagement
- Chapter 6 — Pardon and Expungement
- I. [6.1] Introduction
- II. [6.2] History
- III. [6.3] What Is Executive Clemency?
- IV. [6.4] What Type of Crime Can Be Pardoned?
- V. [6.5] When Can a Pardon Be Requested?
- VI. [6.6] How Much Does the Clemency Petition Cost?
- VII. [6.7] Must the Petition Be Prepared by an Attorney?
- VIII. [6.8] How Often Are Petitions Considered?
- IX. [6.9] What Must Be Included in the Petition?
- X. What Happens If Clemency Is Granted?
- Chapter 7 — Blueprint for Progress: How Illinois Empowers Rehabilitated People Who Have Criminal Records
- I. [7.1] Introduction
- II. [7.2] Expungement and Sealing
- [7.3] Expungement and Sealing Distinguished
- [7.4] Effects on Employment
- [7.5] Exclusions from Sealing or Expungement
- [7.6] Eligibility for Expungement and Sealing
- [7.7] Waiting Periods
- [7.8] Steps To Follow
- [7.9] Filing the Petition
- [7.10] Providing Notice of Filing
- [7.11] Order of Expungement
- [7.12] Statewide Forms
- III. [7.13] Criminal History and Employment Applications: Ban-The-Box
- IV. [7.14] The Incentivized Education and Family Support for Community Corrections Amendments
- V. Certificates of Rehabilitation
- VI. [7.20] Conclusion
- Logan C. Bierman
Logan C. Bierman
Logan C. Bierman is an associate at Kutnick Law in Chicago, where he focuses on criminal law. Mr. Bierman received his B.S. from Indiana University and his J.D. from the Chicago-Kent College of Law.
- Cynthia Cornelius
Cynthia Cornelius
Cynthia Cornelius is the Director of Support Programs at Cabrini Green Legal Aid in Chicago, where she focuses on criminal records. She is a member of the Chicago Bar Association and a 2012 Equal Justice Works Fellow. She received the 2015 Chicago Bar Foundation Sun-Times Fellowship, the 2015 Loyola University Chicago Norman C. Amaker Award of Excellence, and the 2015 PILI Intern Alumni Award. Ms. Cornelius received her B.S. in Mathematics and Information Systems from Georgia State University and her J.D. from the Loyola University Chicago School of Law.
- Drew Curle
Drew Curle
Drew Curle is a Supervising Attorney at the Greater Chicago Legal Clinic, where he focuses on criminal records. He is a member of the Latino Legal Institute Advisory Board and the National Association of Consumer Advocates. Mr. Curle received his B.A. cum laude from Wheaton College and his J.D. summa cum laude from the University of Illinois College of Law.
- Beth A. Johnson
Beth A. Johnson
Beth A. Johnson is a Managing Partner at the Rights and Restoration Law Group, LLC, in Chicago, where she focuses on criminal records relief. She is the Chairperson of the Expungement and Sealing Subcommittee of the Illinois Supreme Court Access to Justice Commission. She received the Esther R. Rothstein Award from the Lawyers Trust Fund of Illinois in 2018 and was selected as the Chicago Community Trust Emerging Leader Fellow in 2014. Ms. Johnson received her B.S. in Political Science from the University of Iowa and her J.D. and a Public Interest Law Certificate from the DePaul University College of Law.
- Marjie M. Nielsen
Marjie M. Nielsen
Marjie M. Nielsen is the Managing Attorney at Next Step Legal Services in Chicago, where she focuses on criminal records relief and family law. She received the Public Interest Law Initiative (PILI) Intern Alumni Award in 2013. Ms. Nielsen received her B.A. in English and Political Science from Northwestern University and her J.D. from Northwestern Pritzker School of Law.
- Carly R. Patzke Reyes
Carly R. Patzke Reyes
Carly R. Patzke Reyes is an Assistant Public Defender at the Law Office of the Cook County Public Defender in Chicago, where she focuses on criminal defense. She received her B.A. from the University of Wisconsin-Madison and her J.D. from the University of Illinois Chicago School of Law.
- Kenneth D. Tupy
Kenneth D. Tupy
Kenneth D. Tupy is a member of the Illinois Prisoner Review Board. He focuses on criminal law and parole issues. He is a member of the Illinois House of Representatives Republican Criminal Law Committee. He was named prosecutor of the year by the Springfield/Sangamon County Police Departments, and he received a Certificate of Appreciation from the Springfield Police Department. Mr. Tupy graduated with distinction from the University of Illinois Chicago School of Law.
Criminal Records: Expungement and Other Relief 2024 Edition
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