Bill > SB0279

This bill amends the Illinois Domestic Violence Act of 1986 to establish a process for expunging records related to emergency orders of protection under specific circumstances. The bill requires courts to order the expungement of emergency order records from both court files and the Illinois State Police's Law Enforcement Agencies Data System when: (1) the person who sought the emergency order does not pursue a plenary (full) order of protection before the emergency order expires, (2) there is an agreed dismissal of the plenary order, or (3) the court denies issuing a plenary order of protection after the emergency order. The expungement is mandatory unless the respondent violated the original emergency order. The bill mandates that the court clerk immediately file the expungement order with the Illinois State Police, and all related records must be fully expunged within three business days of the court's expungement order. This provision aims to protect individuals from having temporary emergency protection orders permanently impact their records when the orders do not result in a final protective order, thus providing a mechanism for clearing potential false or unsubstantiated claims from official records.

https://www.ilga.gov/legislation/BillStatus.asp?DocNum=279&GAID=18&DocTypeID=SB&SessionID=114&GA=104