INSTRUCTIONS FOR IDENTITY THEFT/FACTUAL INNOCENCE

NOTE: Procedures for filing vary somewhat from county to county. The following are general guidelines for filing your petition. Local procedures may be slightly different and should be followed. Also, if you plan on filing by mail, you should contact the relevant Circuit Clerk’s office and inquire as to their local procedures for doing so.

1. Complete the Petition to Expunge and for Judicial Determination of Factual Innocence/Identity Theft and the CAPTION ONLY (above the title) of the Order to Expunge.

2. Attach any needed documentation to your Petition.

3. Have your signature on the Petition notarized by a Notary Public.

4. Make six (6) copies of the Petition, and one (1) copy of the Order.

5. File your original Petition and Order with the Circuit Clerk.

6. Have the following names and addresses available and ready for the clerk:

a. the State’s Attorney of the county you are filing in;
b. the Illinois State Police, Bureau of Identification, 260 N. Chicago Street, Joliet, Illinois 60431-1342;
c. the Arresting Authority; and
d. the Chief Legal Officer of the unit of local government affecting the arrest.

7. Four (4) of the copies of the Petition will go to the clerk to send to the above agencies. Keep the two (2) extra copies of the Petition and the extra copy of the Order for your files.

8. Once you have filed your Petition to Expunge, the various agencies have sixty (60) days to file an objection.

9. If the court notifies you of a hearing date, appear in court at the date, time and location as directed by the court.

10. If your Petition is granted, the Circuit Clerk will mail a copy of the order to the arresting agency, the Illinois State Police, the State’s Attorney and such other criminal justice agencies as may be ordered by the judge. You may be asked to pay certain statutory mailing and certification fees for each agency required to receive notice.

11. If required, deliver to the Circuit Clerk a certified check or money order payable to the Department of the State Police in the amount of $60.00. Some counties may collect this fee at the time of filing, others after the petition has been granted.

 

PETITION TO EXPUNGE

ORDER TO EXPUNGE