Legislation Introduced in Springfield Regarding Expungement of Emergency Orders of Protection Which Do Not Become Plenary Orders

Frequently, persons inquire whether an emergency civil order of protection may be expunged from the records of the Circuit Court. Currently, as such an order is a civil matter, there is no means to expunge such a case that is dismissed. Legislation that was introduced in the state legislature, if passed and signed as law, would alter this situation.

Under House Bill 4460, introduced by Representative Anthony DeLuca on January 30, 2012, the Code of Criminal Procedure and the Illinois Domestic Violence Act would be amended. The synopsis of the bill states that the amendment “(p)rovides that upon petition, the court shall order that a person against whom an emergency order of protection was issued shall have all records related to the emergency order expunged (unless the person violated the order) from the court’s records and from the Department of the State Police’s Law Enforcement Agencies Data System if (1) the person who sought the emergency order fails to seek a plenary order of protection before the emergency order expires; (2) there is an agreed dismissal; or (3) the court denies the issuance of a plenary order of protection following the emergency order.” It further provides that all records be expunged no later than three days after the order.

If passed, this legislation would allow persons who have been served with an emergency order but whose cases are subsequently dismissed to not be in the data bases as a person who has been subject of such an order. It remains to be seen whether the legislature will pass the bill and whether the Governor will sign it into law.