Section 1205.10  Purpose

 

The purpose of this Part is to provide requirements and procedures for court ordered expungements received by the Illinois Department of State Police, Bureau of Identification.

 

Section 1205.20  Definitions

 

"Department" means the Illinois Department of State Police.

 

"Expungement" means to physically destroy the records or return them to the petitioner and to obliterate the petitioner's name from any official index or public record, or both, maintained by the Department.

 

(Source:  Amended at 41 Ill. Reg. 14112, effective November 2, 2017)

 

Section 1205.30  Expungement Order Requirements

 

a)         All expungement court orders must contain either the original signature of the issuing judge or the seal and certification of the circuit court clerk.

 

b)         The expungement court orders must contain sufficient information to identify the person whose record is to be expunged.  Identification of the subject shall include at least one of the following:

 

1)         Name, Sex, Race, and Date of Birth;

 

2)         State Identification Number (SID);

 

3)         Federal Bureau of Investigation (FBI) Number; or

 

4)         Chicago Identification Record (IR) Number.

 

c)         The expungement court order must contain sufficient information to identify the specific arrest to be expunged.  Identification of the specific arrest shall include at least one of the following:

 

1)         Date of Arrest, Arrest Charges, and Arresting Agency;

 

2)         Dates of Arrest and Court Case Number;

 

3)         Document Control Number of the Arrest to be Expunged; or

 

4)         Central Booking Number of the Arrest to be Expunged.

 

d)         Each expungement court order must be accompanied by the correct fee.

 

(Source:  Amended at 41 Ill. Reg. 14112, effective November 2, 2017)

 

Section 1205.40  Fees

 

The fee shall be set by the Director of the Department and shall be equivalent to the cost of processing the court order to expunge or seal the record.  The fee shall not exceed the general costs for processing these requests.  The general costs shall include, but are not limited to, personnel, supervision and training, telephone, electric, equipment, printing, postage, facilities, forms, and miscellaneous related costs.  Fees must be in the form of a cashier's check or money order payable to the Illinois State Police.

 

(Source:  Amended at 41 Ill. Reg. 14112, effective November 2, 2017)

 

Section 1205.50  Processing of Expungement Orders

 

The Department shall identify the subject and the arrest to be expunged based upon the information provided pursuant to Section 1205.30.  Records to be expunged pursuant to court order will be destroyed.  In the event the Department is unable to identify the arrest to be expunged, the Department shall so notify the person seeking the expungement.  In the event the Department decides to file a motion to vacate, modify or reconsider the court order, the Department will so notify the person seeking the expungement.

 

(Source:  Amended at 41 Ill. Reg. 14112, effective November 2, 2017)