The State Appellate Defender’s Office is charged with the responsibility of providing forms and information to those wishing to seal or expunge certain court records. A link is provided below for additional information from that office.

Carefully read all instructions found at the link listed below to make certain you are eligible to petition and to determine which forms must be used. Do not sign your forms until you are before a Notary Public. (The Circuit Clerk has Notaries available. YOU MUST HAVE A PHOTO ID WITH YOU AT THE TIME OF SIGNING.)

In McLean County the following procedures will apply:

After the correct petition is completed and notarized, the original and 4 copies are to be sent to the McLean County Circuit Clerk’s office accompanied by a payment of $146.00. One order with the arrest information completed must also be provided at the time the petition is filed. Also, a list of addresses specifying the arresting agency and counsel must be provided to Clerk.

Each file that you are requesting to be expunged or sealed will require payment of $146.00.

The $146.00 includes a $60.00 filing fee, a $60.00 State Police fee, a $10.00 Clerk Admin fee, and a $16 fee for four (4) certified copies of the Court order, which will be sent to the agencies upon completion of the process. If more that 4 certified copies are necessary, the cost is $4.00 per set.

Make your check or money order payable to McLean County Circuit Clerk. You may pay in cash if present in person. DO NOT SEND CASH THROUGH THE MAIL.
 

The Clerk will send out the petition to all required agencies. Agencies have 60 days to file any objection. If no objection is filed, the Court will review the petition. The defendant or attorney’s presence is not required. If the Court allows the petition, a certified copy will be sent to the defendant or attorney filing the petition.

If an objection is filed within the 60 days, a hearing date will be set at least 30 days after the objection is filed. This hearing will require the presence of the defendant or attorney. Notice of that court date will be sent to the defendant or attorney that filed the petition by the Clerk.

If the Court decides NOT to grant your petition, the Circuit Clerk will issue a refund of the State Police fee and the fee for the certified copies of the Court order. The Filing fee and the Clerk Admin fee are NOT refundable. Refund checks take 24 hours to process and can be mailed. If a refund is due, please make sure the Clerk has your current address.

The following website provides an instruction guide and forms:

http://www.state.il.us/defender/exp.html

Note: If you received a pardon by the Governor which specifically authorizes expungement (under the provision of 20 ILCS 2630/5), a special petition must be obtained from the Office of the State Appellate Defender. This petition is not provided on this website.