Illinois Motion to Seal Records and Documents

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Multi-State
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US-03331BG
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Description

A motion to seal is a formal request that is submitted to the court to prevent evidence and transcripts related to a specific court case from being available to the general public. An attorney who is licensed to practice in the jurisdiction where the case is heard usually initiates a motion of this type, although many jurisdictions will allow private citizens to file the motion through a court clerk. A court request to seal records is common in many situations, especially when the welfare of a minor could be adversely impacted if the court records were made readily available to the general public.


Most jurisdictions have specific laws and procedures regarding the motion to seal. While processes vary, it is not unusual for a court to require that specific documents be filed with the court clerk before a judge will consider the request to seal the records connected with a given case. Some jurisdictions require that a waiting period must take place between the date that the case is settled and the records are officially sealed. In other situations, the records are sealed as soon as the judge grants the request.

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FAQ

Use our Expungement and sealing program to help you fill out the forms you will need to file. File your forms with the Circuit Clerk in the county where you were arrested or charged with the offense. In some counties, you may have to attach copies of your court dispositions.

All motions to seal a file, records or documents must be made in writing and presented to the judge assigned to hear the case with appropriate notice to all parties of record. The motion must explain the basis for sealing the file, records or documents and specify the proposed duration of the sealing order.

File an Expungement or Sealing Petition in Illinois in Person. To file an expungement or sealing petition in person, you must go to the courthouse in the county (or district) that has your records. Hand your petition directly to the circuit court clerk and pay the filing fee.

Since 2009, the Moran Center has been providing FREE legal assistance to adults who want to expunge and/or seal their Illinois state adult (or juvenile) criminal history.

Sealing is a way of limiting access to your criminal record. Sealing means the record is kept confidential and can only be accessed for limited purposed related to law enforcement and sentencing.

Expunged records are destroyed by the arresting agency and the Illinois State Police. Qualified probation cases that are expunged are still available to law enforcement. Sealed records are not destroyed by the Illinois State Police, they are available to law enforcement.

How much does it cost to wipe your criminal record? The amount depends on the type of case you have and the county where you are filing and additional court costs. Getting your criminal record expunged or sealed costs anywhere from $600 ? $1500 in Illinois.

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Illinois Motion to Seal Records and Documents