Dismissed Civil Orders of Protection are Still Not Eligible to be Expunged
This week, I was contacted by a blog reader to confirm that civil orders of protection cannot be expunged. As I have written on other occasions, /2/post/2012/02/legislation-introduced-in-springfield-regarding-expungement-of-emergency-orders-of-protection-which-do-not-become-plenary-orders.html and /2/post/2012/06/update-on-proposed-legislation-to-allow-expungement-of-some-civil-orders-of-protection.html, although legislation had been introduced in Springfield last session, the Illinois General Assembly failed to pass a bill.
An emergency civil order of protection which does not result in a plenary order cannot be expunged. If a family member files such an order and does not pursue it, the case remains on the court’s database. If a family member filed criminal charges that were subsequently dismissed, such charges, depending on the defendant’s criminal history, may be eligible to be expunged.
Currently, the Illinois State Bar Association is circulating proposed legislation addressing this issue, which if supported, will seek to have the Illinois General Assembly address this issue.
Lori G. Levin
Attorney at Law
180 N. LaSalle, Suite 3700
Chicago, IL 60601