1. Filing a Motion and Quashing a Warrant:
A defendant appears at the court location where the ticket is issued and gives necessary information to the Traffic clerk. The motion counter clerk distributes motion petitions and provides instructions on how to complete the petitions as well as the time and location of the hearing. Motions are filed in person beginning at 8:00 a.m. on a first come, first serve basis. The first 60 people are scheduled for the 10 a.m. motion call.
The following is a list of motions that may be filed:
Vacate a final order
Vacate ex parte judgment
Vacate a failure to appear
Vacate a bond forfeiture judgment
Vacate a bond forfeiture warrant
Advance a case
After the motion petition is filled out, the file is pulled and taken to the cashier for the filing fee payment. The list of fees is available in the Illinois Compiled Statute, 705 ILCS 105/27.2a (W).
2. Criminal and Traffic Laws to Clear Your Record
Beginning January 1, 2004, Illinois law was amended to permit people with qualifying arrests, felonies, misdemeanor supervisions and misdemeanor convictions to ask the court to either expunge or seal the records related to their cases. The law is designed to let people clear their records with or without an attorney. On this page and the associated links, the Clerk of the Circuit Court of Cook County provides helpful information to assist customers in clearing their records.
3. Criminal and Traffic Expungement Guidelines and Forms
Under specific circumstances, Illinois law allows felony, misdemeanor, or municipal ordinance violation records in Criminal and Traffic cases to be expunged or sealed. If you qualify, your records will either be expunged or expunged and sealed by law enforcement agencies, and will be sealed by the Clerk's Office. "Expunged" records are destroyed. "Sealed" records are closed and restricted from public access, but are not destroyed. For more information on your eligibility and the process, including the necessary forms, please click here . If you are not eligible for expungement of your records, please check to see if you are eligible for sealing of your records under the "New Criminal and Traffic Sealing Guidelines and Forms" link, below.
4. New Criminal and Traffic Sealing Guidelines and Forms
Beginning January 1, 2004, Illinois law permits a person to have his or her records in certain misdemeanor or municipal ordinance violations in Criminal and Traffic cases to be sealed. Sealed records are closed and restricted from public access, but are not destroyed. For more information on your eligibility and the process, including the necessary forms, please click here .
5. New Identity Theft/Factual Innocence Guidelines and Forms
Beginning January 1, 2004, if someone has falsely identified himself or herself using your identity during his/her arrest or conviction, Illinois law allows for you to clear your name from these records. For more information on this process, including the necessary forms, please click here .
For additional information on expungement, sealing, and identity theft, please visit the " Expungement " page of Illinois' State Appellate Defender's website .
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