Expungement Upon arrest, a suspect’s fingerprints are taken by police <strong>and</strong> submitted to <strong>the</strong> Illinois State Police. These fingerprints create a means to positively identify an individual <strong>and</strong> connect any subsequent arrests to that person. Information on any fur<strong>the</strong>r action on that arrest by <strong>the</strong> court, such as a finding <strong>of</strong> guilty or not guilty, is also sent to Illinois State Police. A fingerprint-based <strong>criminal</strong> record remains in <strong>the</strong> state police database, even if <strong>the</strong> case was dismissed, supervision was ordered, or <strong>the</strong>re was an acquittal. Illinois law permits only information on a conviction—a final judgment <strong>of</strong> guilt by <strong>the</strong> court—to be disseminated to <strong>the</strong> public. Criminal <strong>justice</strong> agencies will have full access to <strong>criminal</strong> history records, except to those that were expunged. A <strong>criminal</strong> record can make it more difficult to obtain credit, employment, a residence, a license for certain jobs, <strong>and</strong> student loans. There are additional restrictions for those convicted <strong>of</strong> sex crimes. Finally, a <strong>criminal</strong> record can be accessed by <strong>the</strong> police investigating subsequent <strong>criminal</strong> activity <strong>and</strong> relied on in subsequent <strong>criminal</strong> proceedings. Illinois law allows qualifying arrests, supervisions, <strong>and</strong> convictions to be ei<strong>the</strong>r expunged or sealed by court order [20 ILCS 2630/5.2]. An individual must file a petition to expunge <strong>the</strong> matter in <strong>the</strong> court which heard <strong>the</strong> original matter. Expungement results in a <strong>criminal</strong> record being destroyed. The original police reports are delivered to <strong>the</strong> individual by <strong>the</strong> police agency, which does not maintain additional copies. In <strong>the</strong> case <strong>of</strong> computerized records <strong>system</strong>s, police agencies will delete <strong>the</strong> individual’s electronic records related to <strong>the</strong> case. Sealing results in <strong>the</strong> record being kept confidential, <strong>and</strong> can only be reviewed by <strong>criminal</strong> <strong>justice</strong> agencies. Only <strong>criminal</strong> <strong>of</strong>fenses, including municipal ordinances, misdemeanors, <strong>and</strong> certain felonies can be expunged. Civil matters, such as divorces, lawsuits, or orders <strong>of</strong> protection, are not recorded on a <strong>criminal</strong> history record, <strong>and</strong> <strong>the</strong>refore, are not subject to expungement. A <strong>criminal</strong> record may be expunged if an individual is found not guilty <strong>of</strong> <strong>the</strong> charges or <strong>the</strong> state dismisses <strong>the</strong> charges. Under certain circumstances, a <strong>criminal</strong> record may be expunged when an individual was sentenced to supervision or probation for certain <strong>of</strong>fenses or if <strong>the</strong> individual was released without conviction for certain <strong>of</strong>fenses. Petitions to expunge or seal must be filed in <strong>the</strong> county where <strong>the</strong> individual was arrested or where <strong>the</strong> charge was brought. There is a fee to file at <strong>the</strong> courthouse <strong>and</strong> a fee to <strong>the</strong> Illinois State Police. Petitions to expunge or seal can be done without a lawyer, but complex cases may require legal assistance. 35
Appendix A: Adult arrest card 36