Update on proposed legislation to allow expungement of some civil orders of…

Update on proposed legislation to allow expungement of some civil orders of protection

Previously, I posted regarding legislation which would have allowed expungement of emergency orders of protection under the Domestic Violence Statute which do not result in plenary orders. /2/post/2012/02/legislation-introduced-in-springfield-regarding-expungement-of-emergency-orders-of-protection-which-do-not-become-plenary-orders.html

Currently, even if such cases are dismissed, information regarding the emergency order cannot be expunged. That means that such an order based on a ex parte proceeding which is later dismissed remains in the public court records as well as the Illinois State Police Law Enforcement Agencies Data System.

The legislation, House Bill 4460, died in the Illinois State House’s Rules Committee. The proposed bill never was called for a vote before the full Illinois House. It remains to be seen if it will be reintroduced during the next legislative session.

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