Cook County Clerk of the Circuit Court

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Content:

Files that have been impounded by order of court are only available for review with a specific judicial order.
· Case files contain
o The indictment or information complaint
o The memorandum of orders (half sheet)
o Names of witnesses or other persons involved
o Jurors
o Jury instructions
o Appealed cases may contain transcripts and trial proceedings

· Files available at the Criminal Division
o 1893 - present (microfilm, alphabetical listing by defendant)
o 1964 - present (microfilm, Indictment/True bill listing)
o Court files for the current year
o Felony trial matters heard in the City of Chicago for two years
· All remaining Criminal Division Records ordered thru the Record Center
· Impounded Evidence
Note: Electronic docket information for all criminal cases is available at this location. Microfilm records and physical court files for case heard in other locations are available from the respect

Content:

Content generally includes: Indictment or information complaint, the memorandum of orders (half-sheet), and any documents filed or prepared. Files may also contain names of witnesses or other persons involved, jury instructions, and juror's names. Criminal division cases rarely contain direct testimony. Files of appealed cases may contain transcripts of the trial proceedings

Illinois Code of Criminal Procedure – 725 ILCS 5/

Illinois Supreme Court Rules

Circuit Court Rules and Orders

Illinois Criminal Offenses – 720 ILCS 5/

Circuit Court of Cook County – An Informational Guide

Criminal and Traffic Expungement Guidelines and Forms

Criminal and Traffic Sealing Guidelines and Forms

Identity Theft/Factual Innocence Guidelines and Forms

Clerk of the Circuit Court Criminal Division Forms

Clerk of the Circuit Court General Forms

Cook County Sheriff’s Office – Department of Corrections

More information regarding the Expungement and Sealing Process can be obtained by contacting the office of the State Appellate Defender.

Information regarding Criminal History Searches can be obtained by contacting the Illinois State Police.

Domestic Violence Resources and Advocates

Official Court Reporter’s Office
2650 South California Avenue
773-869-6065

Adult Probation Department
2650 South California Avenue
773-869-3351

For additional assistance to people representing themselves (pro se litigants), please visit the Clerk of Circuit Court Self Represented (Pro Se) Resources page.

1) Filing of Habeas Corpus - Emergency

2) Filing of Habeas Corpus - Ad Testificandum

3) Reviewing Court Files

4) Obtaining Certified Copy of Disposition

5) Obtaining Criminal History Search

1. Filing of Habeas Corpus - Emergency

An Emergency Habeas Corpus is filed when the moving party, Assistant State's Attorney, Public Defender, or private attorney determine that a defendant is being held illegally.

Steps required to file such motion are as follows:

· To file the motion, come to the Clerk of the Circuit Court of Cook County, Illinois, Administration Building, 2650 South California Avenue, Room 526, Chicago, IL 60608.

· Pay the applicable fee at the time of filing. (Click here for fee schedule.)

· Moving Parties' Attorney submits documents with a short summary of the facts.

· A hearing is required before the Presiding Judge. The attorney or whoever is making the cause selects the hearing date.

· Motion is then submitted to the Clerk's Office for filling at the front counter.

· The Clerk's Office assigns a case number, prepares the file jacket and the memorandum of orders (half sheets).

· A case number is given to the petition

· Immediately following, the file is delivered and added to the Presiding Judge's call for a hearing.

· All pertinent data is entered into the Clerk's Office Information System, (Name, case number, and hearing date for underlying case; if one exists.)

2. Filing of Habeas Corpus - Ad Testificandum

The filing procedures are as follows:

· To file the motion, come to the Clerk of the Circuit Court of Cook County, Illinois, Administration Building, 2650 South California Avenue, Room 526, Chicago, IL 60608.

· Moving Parties' Attorney will present the petition and order to the Presiding Judge.

· The request will be processed. (Habeas Corpus Miscellaneous form)

· Forms are to be completed on both sides, please note that the petition involving Cook County Jail should name the current director as respondent. Other correctional facilities should name the warden as respondent.

· Duplicate copies are required for the petition, order, and certification. All copies are then sealed and signed.

The distribution is as follows:

· The original certification, copy of petition and order are given to appropriate attorney, Assistant State's Attorney, Public Defender or private attorney to present to the jail or correctional institution.

· A copy of all the above documents is provided to requestor, Assistant State's Attorney, Public Defender or private attorney for their records.

· Both sets are brought to the counter, requestor signs habeas corpus book and original copies of all documents are placed inside the file.

3. Reviewing Court Files

The Criminal Division Office is located on the 5^th Floor of the Administration Building. A court file can be viewed by request at the counter. Criminal Division court files are stored as either �Active' or �Inactive.

· Active Files - If a case is still pending, the file is considered �Active' and stored in the adjacent Criminal Court House. This will require an Office staff member to retrieve the file from the courthouse. If you are aware that the file status is �Active,' please allow enough time for the file to be retrieved from the courthouse.

· Inactive Files - If a case is no longer pending, the file is considered �Inactive.' Files considered �Inactive' are stored by age. Inactive files are stored in the Clerk's Administrative Office at 2650 South California, Ave. (5^th floor) for a two-year period. Files more than two years are stored in the Clerk's Office Records Center. If you are aware that the file is more than two years old, you may call our Inactive File Room and order the file in advance by calling (773) 869-3152. To retrieve a file request from the Records Center requires a 24-hour waiting period.

· Valid Identification Card - The requestor is required to submit a valid identification card before receiving or reviewing a file.

4. Obtaining a Certified Copy of Disposition

In order to obtain a certified disposition of a case, the Office of the Clerk of the Circuit Court of Cook County needs the defendant's name, date of birth, and date of arrest. Our office provides dispositions for Chicago cases only. If the case occurred in one of the Suburban Districts in Cook County, you might contact or visit that particular Suburban District to obtain case dispositions.

There is a fee of $9.00 for each certified disposition. (Fee Schedule)

5. Obtaining a Criminal History Search

There are three ways in which to request a Criminal History search

1. Criminal Department counter

2. Mail Request

3. Governmental Agency fax request

If the arrest occurred before 1985, you must provide a rap sheet from the Chicago Police Department.

If a person was arrested and released without being charged, the person must provide an arrest report or a rap sheet that indicates that the person was released without being charged. This information may also be obtained at the Chicago Police Department.

If a person is out of state and the arrest occurred in Chicago, arrest information may be obtained by contacting the

Illinois State Police
Division of Administration
Bureau of Identification
260 North Chicago Street
Joliet, Illinois 60432
(815) 740-5160

The Criminal Division hears felony trial cases in the City of Chicago. Felony cases are defined as those criminal offenses carrying possible prison terms of more than one year. Matters concerning habeas corpus and extradition in criminal cases, petitions to expunge records of arrest, petitions for post-conviction relief, and the processing of appeals for felony trail cases in the City of Chicago are heard by judges assigned to this division. The Criminal Division is also responsible for four Night Narcotics courtrooms. Suburban districts maintain the records for felony cases heard in their respective locations. Felony matters at preliminary hearing level can be heard in several Branch Courts located throughout the City of Chicago, or in suburban locations. The Criminal Division hears cases that involve the following:
Extradition	The surrender of an accused to another state or nation with jurisdiction to try the accused and which has demanded his or her return.
Habeas Corpus	Writs issued to bring a party before the court.
Petitions for post	Conviction relief
Petitions to Expunge	To cancel out or destroy completely records or arrests.
Processing of appeals for felony trial cases in the City of Chicago

CCG-0603A & CCG-603B , Effective 4/27/2010 (705 ILCS 105/27.2(a))

Municipality Fees (705 ILCS 105/27.2)

Court Forms

Each of the Divisions provides access to official court forms. There are several ways to obtain the forms. In the office, forms are also available from staff at each of the Division’s public service counters. The public can also access court forms on this website.

Filing a Criminal Expungement Petition

Criminal & Traffic Expungement & Sealing Procedural Packet

Filing a Criminal Sealing of Record

Criminal & Traffic Expungement & Sealing Procedural Packet

1) When is my next court date?

2) When will I get my bond refund?

3) How much is bond for my relative or friend?

4) How do I expunge my record?

5) Where do I appear in Court?

6) Where do I file (documents)?

7) How much does it cost for?

8) Where do I post bond for my relative or friend?

9) What is the law related to Extradition?

10) How do I use the computer?

1)      When is my next court date?
Criminal Division staff is available to check the case number or perform a name check in the computer to determine court dates.

2)      When will I get my bond refund?
There is no set time for bond refunds.�Bond refund processing is begun the day following adjudication of the case and ultimately sent to the Clerk of the Circuit Court Accounting Department.�Normal processing time is approximately two weeks provided there are no bond forfeiture or judgment issues.

3)      How much is bond for my relative or friend?
Criminal Division staff is available to check the case number or perform a name check in the computer to determine the bond amount or reviews the custody book produced daily by the Cook County Department of Corrections.

4)      How do I expunge my record?
In order to have a record expunged, the applicant must complete the appropriate form from the State�s Attorney�s Office, obtain copies of each case in question and pay the statutory fee.�If the presiding judge enters a favorable ruling, expungement orders are then mailed to the appropriate agencies as required by the statue.

5)      Where do I appear in Court?
A check of the case number or a computer name check by Criminal Division staff will yield the appropriate location.

6)      Where do I file (documents)?
The counter area in the Criminal Division is divided into two areas that handle different types of inquiries and functions.�Ceiling signs denote the services performed at each counter.�One section answers inquiries regarding court dates, bond amounts and general case information.�The other section responds to inquiries regarding filings, requests for certified copies, name searches, etc.�Persons seeking to file documents are directed to the appropriate area.

7)      How much does it cost for?
Frequently requested fees for certified copies, names searches, photo copies, expungement filing fees are set by statute CCG-0603A & CCG-603B, Effective 12/01/2002 (705 ILCS 105/27.2(a)) Municipality Fees (705 ILCS 105/27.2) and copies of the relevant section are available to customers on request.

8)      Where do I post bond for my relative or friend?
The statutes allow defendants charged with certain types of offenses to post bond in a local police station without a court appearance.�Other defendants must appear before a judge for a bond hearing.�For defendants incarcerated in the Cook County Jail, bond may be posted in the �Bond Room� located in Division V of the Jail.

9)      What is the law related to Extradition?
If a defendant is arrested in Illinois for an offense committed in another state, the State�s Attorney has 90 days to obtain a �Governor�s Warrant� that orders the return of the defendant to the demanding state.�The defendant also has the right to �waive� extradition and return to the demanding state.�Extradition matters are heard in Branch 98, Room 101 (part of the Criminal Department) at 2600 South California.

10)      How do I use the computer?
The general inquiry client�s screen for criminal cases is ALLC.�The most common usage requests are for name searches (menu item 1) or disposition information (menu item 2).�An explanation regarding the proper format for case number and name inquiries are provided upon request.

Title:	Court Forms
Content:	Each of the Divisions provides access to official court forms. There are several ways to obtain the forms. In the office, forms are also available from staff at each of the Division’s public service counters. The public can also access court forms on this website.