The Illinois 171 371 form is a legal document used in the state of Illinois to request the expungement of an individual's criminal record. This form allows individuals who have been arrested but not convicted, or whose convictions have been reversed or vacated, to clear their records from public view. By filing this form, a person takes an important step toward reclaiming their reputation and moving forward without the burden of past arrests affecting their future.
The Illinois 171 371 form serves a crucial role in the legal process of expunging an individual's criminal record. This form is utilized in the Circuit Court of the Nineteenth Judicial Circuit, specifically for cases in Lake County, Illinois. It allows individuals, referred to as defendants or petitioners, to formally request the expungement of their arrest records under specific circumstances. The form requires detailed information, including the nature of the charge, the date of the arrest, and personal details of the petitioner, such as their date of birth, sex, and race. It also outlines the conditions under which expungement may be granted, ensuring that only those who meet the legal criteria can benefit from this process. For instance, the petitioner must demonstrate that they have not been convicted of any criminal offense and that there are no pending charges against them. Furthermore, the form stipulates various situations under which expungement is permissible, including cases of acquittal, release without conviction, or successful completion of probation or supervision. The court's order, once granted, mandates the destruction or return of records to the petitioner, thereby allowing them a fresh start free from the stigma of past arrests. This form is not merely a legal document; it represents an opportunity for individuals to reclaim their dignity and reintegrate into society without the burden of an arrest record.
What is the Illinois 171 371 form?
The Illinois 171 371 form is a legal document used to petition the court for the expungement of an arrest record. This form is typically filed in the Circuit Court of Lake County, Illinois. It allows individuals to request that their arrest records be removed from public view, provided they meet certain criteria established by Illinois law.
Who can use the Illinois 171 371 form?
This form can be used by individuals who have been arrested but either not charged, acquitted, or had their charges dismissed. It is also applicable to those who were convicted but later had their convictions reversed or vacated. Specific conditions must be met, such as the absence of pending criminal charges and the completion of any supervision or probation periods.
What information do I need to provide on the form?
When filling out the Illinois 171 371 form, you will need to provide details such as your name, date of birth, the date of the arrest or charge, the arresting authority, and the specific charges. You will also need to indicate whether you have ever been convicted of a criminal offense and whether there are any pending charges against you.
How long does the expungement process take?
The expungement process can take several months. After you file the petition, the court will set a hearing date. Once the court grants the expungement, the arresting agency and other relevant bodies must complete the expungement within 60 days. However, delays can occur, so it is essential to remain patient and follow up if necessary.
What happens after my records are expunged?
Once your records are expunged, they will be physically destroyed or returned to you. Your name will be removed from any official index or public record. This means that, in most cases, you can legally state that you have not been arrested or charged with a crime, as the records will no longer exist in public databases.
Can I appeal if my expungement is denied?
If your petition for expungement is denied, you have the right to appeal the decision. The order becomes final and appealable 30 days after it has been served on you and all parties entitled to notice. It is advisable to consult with an attorney to understand the appeals process and your options.
Are there any fees associated with filing the Illinois 171 371 form?
Yes, there may be fees associated with filing the Illinois 171 371 form. The Circuit Court Clerk may charge a fee for processing the expungement order. However, if you cannot afford the fees, you may apply for a fee waiver through the court.
What should I do if I have more questions about the expungement process?
If you have additional questions about the expungement process or need assistance with the Illinois 171 371 form, consider reaching out to a legal aid organization or an attorney who specializes in criminal law. They can provide guidance tailored to your situation and help you navigate the process effectively.
Incomplete Personal Information: Many individuals fail to provide all required personal details, such as the date of birth or the ID number. Omitting this information can lead to delays or outright rejection of the petition.
Incorrect Charge or Arrest Information: Applicants often misstate the charge or the date of arrest. It is essential to ensure that the information matches official records, as discrepancies can cause complications in the expungement process.
Failure to Meet Eligibility Criteria: Some individuals submit the form without confirming their eligibility. For instance, if there are pending charges or prior convictions that do not meet the outlined criteria, the petition may be denied.
Not Paying Required Fees: Individuals sometimes overlook the necessity of paying associated fees or obtaining a fee waiver. This oversight can result in the petition being dismissed or not processed in a timely manner.
IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT
LAKE COUNTY, ILLINOIS
THE PEOPLE OF THE STATE OF ILLINOIS
)
or
A MUNICIPAL CORPORATION,
vs.
CASE NO.
Defendant/Petitioner )
ORDER TO EXPUNGE
Charge:
Date of Arrest/Charge:
Arresting Authority:
Date of Birth:
(mm/dd/yyyy) Sex:
Race:
ID #:
Return Records to:
(Name of Defendant/Petitioner)
(Street)
(City)
(State)
(ZIP Code)
THIS CAUSE comes before the Court on the Defendant/Petitioner’s Petition to Expunge. The Court being fully advised,
FINDS:
1.The Defendant/Petitioner has complied with the provisions of 20 ILCS 2630/5.2.
2.The Defendant/Petitioner has never been convicted of a criminal offense, and there are no criminal charges pending against Defendant/Petitioner at the present time.
3.The Defendant/Petitioner was arrested by the Arresting Authority on the date and for the offense stated above, or if no arrest was made, Defendant/Petitioner was charged with the offense on the date stated above.
4.a. The Defendant/Petitioner was arrested and released without the filing of formal charges; or
b.The Defendant/Petitioner was charged, but was later acquitted or otherwise released without being convicted; or
c.The Defendant/Petitioner was convicted, but the conviction was later reversed or vacated; or
d.The Defendant/Petitioner was released without conviction following a sentence of supervision, for the either offense of:
(1)625 ILCS 5/3-707 - Operating an Uninsured Motor Vehicle, or
(2)625 ILCS 5/3-708 - Suspended Registration for Noninsurance, or
(3)625 ILCS 5/3-710 - Displaying of False Insurance, or
(4)625 ILCS 5/401.3 - Failure of Scrap Dealer to Keep Records, or
(5)720 ILCS 5/12-3.2 - Domestic Battery, or
(6)720 ILCS 5/12-15 - Criminal Sexual Abuse, or
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171-371 (R02/11)
(7) 720 ILCS 5/16A-3 - Retail Theft;
and it has been FIVE years since the successful discharge and dismissal from supervision; or
5.The Defendant/Petitioner was released without conviction following a sentence of supervision for an offense which is not set forth above, and it has been TWO years since the successful discharge and dismissal from supervision, or
6.The Defendant/Petitioner was released without conviction following a sentence of probation under:
a.720 ILCS 550/10 - Section 10 of the Cannabis Control Act, or
b.720 ILCS 570/410 - Section 410 of the Illinois Controlled Substances Act, or
c.720 ILCS 5/12-4.3 (if charged before January 1, 1996) - Section 12-4.3(b)(1) and (2) of the Criminal Code of 1961 (Aggravated Battery of a Child, as those provision existed before their deletion by Public Act 89-313), or
d.20 ILCS 301/40-10 - Section 40-10 of the Alcoholism and Other Drug Dependency Act when the judgment of conviction has been vacated, or
e.20 ILCS 301/10-102 - Section 10-102 of the Illinois Alcoholism and Other Drug Dependency Act (as those provisions existed before their deletion by Public Act 88-80) when the judgment of conviction has been vacated, or
f.Section 10 of the Steroid Control Act (repealed); or
g.720 ILCS 646/70 - Section 70 of the Methamphetamine Control and Community Protection Act; and it has been FIVE years since the successful termination of probation.
7.In the case sought to be expunged, the Defendant/Petitioner was not granted court supervision for (1) driving under the influence; (2) reckless driving; or (3) any sexual offense committed against a minor under 18 years of age as a result of this arrest.
8.The Defendant/Petitioner has paid all costs and fees for the filing of this Petition, or has been granted a fee waiver by the Court.
9.The Circuit Clerk has served notice on the Arresting Authority, the Department of the State Police, the State’s
Attorney and the Chief Legal Officer of the unit of local government affecting the arrest and
a.neither of said agencies has filed an objection to the Petition to Expunge within 60 days from the date of service; or
b.following the filing of an objection, this Court, having heard evidence in the matter, finds that the records should be expunged.
IT IS THEREFORE ORDERED as follows:
That the Petition to Expunge the Defendant/Petitioner’s arrest record is GRANTED, and that the official records be EXPUNGED as follows:
1.All records relating to arrest or charges, or both, shall be physically destroyed or return to the petitioner, and the petitioner’s name must be obliterated from any official index or public record, or both. Nothing in this Act shall require the physical destruction of the circuit court file, but such records relating to arrests or charges, or both, ordered expunged, shall be impounded. Said records shall be expunged by the arresting agency, the Department, and any other agency as ordered by the court, within 60 days of the date of service of this order, unless a motion to vacate, modify, or reconsider the order is filed. In response to an inquiry for expunged records, the Circuit Clerk
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of the Court, the Department, or the agency receiving such inquiry, shall reply as it does in response to inquiries when no records ever existed.
2.The records of the Circuit Court Clerk shall be impounded until further order of the court upon good cause shown and the name of the petitioner obliterated on the official index required to be kept by the circuit court clerk under Section 16 of the Clerks of Courts Act, but the order shall not affect any index issued by the circuit court clerk before the entry of the order.
3.Nothing in this Order shall prevent the Department of State Police from maintaining all records of any person who is admitted to probation upon terms and conditions and who fulfills those terms and conditions pursuant to Section 10 of the Cannabis Control Act, Section 410 of the Illinois Controlled Substances Act, Section 70 of the Methamphetamine Control and Community Protection Act, Section 12-4.3 of the Criminal Code of 1961, Section 10-102 of the Illinois Alcoholism and Other Drug Dependency Act, Section 40-10 of the Alcoholism and Other Drug Abuse and Dependency Act, or Section 10 of the Steroid Control Act.
4.The Clerk of the Circuit Court shall provide copies of this order to the petitioner, to the Department of State Police (in the form and manner prescribed), to the State's Attorney or prosecutor charged with the duty of prosecuting the offense, to the arresting agency, to the chief legal officer of the unit of local government effecting the arrest, and to such other criminal justice agencies as may be ordered by the court.
5.Further, the Department may charge the petitioner a fee equivalent to the cost of processing any order before expunging the records. Notwithstanding any provision of the Clerks of Courts Act to the contrary, the Circuit Court Clerk may also charge a fee equivalent to the cost associated with the expungement of the records.
6.This order becomes a final and appealable order 30 days after service of the order on the petitioner and all parties entitled to notice of the petition.
IT IS SO ORDERED.
Dated this
day of
, 20___
ENTER:
Judge
Prepared by:
Name:
Telephone:
Attorney for:
ADRC:
Address:
City/State/Zip:
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When filling out the Illinois 171 371 form, it's important to follow specific guidelines to ensure your application is processed smoothly. Here are some dos and don'ts to keep in mind:
The Illinois 171 371 form is a crucial document used in the process of expunging criminal records. When filing for expungement, several other forms and documents may accompany this form to ensure a comprehensive application. Below is a list of commonly used documents that may be required or helpful in this process.
Each of these documents plays a significant role in the expungement process, helping to ensure that all necessary information is presented to the court. Proper preparation and submission of these forms can facilitate a smoother expungement experience.
Misconceptions about the Illinois 171 371 form can lead to confusion and frustration for those seeking to expunge their records. Here are four common misconceptions:
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