Title
Ordinance establishing fees for expungement cases to be charged by the Clerk of the Circuit Court.
Staff Summary
• In 2020 and again in 2023, Lake County adopted ordinances setting fees for criminal cases, including specific fees for Petitions to Expunge and Seal, as authorized under Chapter 35 of the County Code.
• The Administrative Office of Illinois Courts updated its record-keeping manual effective October 1, 2024, mandating e-Filing for adult expungement and sealing petitions involving criminal cases as a new MX (Miscellaneous Criminal) case, which prompted the need for revised fee structures.
• Under the Criminal Identification Act, the Circuit Court Clerk is authorized to charge administrative fees for processing expungement and sealing petitions, while the Illinois State Police also charges a separate $60 fee for processing these court orders.
• The Clerk must collect and remit the State Police portion of the fee and is also permitted to charge up to $60 per petition and $4 per certified copy, in alignment with state law.
• This ordinance amends the total administrative costs at $152 per petition, regardless of offense count, and standardizes fees for petitions ($60), mailing ($10), certified copies ($4), state police ($60), and admin processing ($10), effective immediately upon adoption. This is a decrease compared to the previous fee structure.
Body
ORDINANCE
WHEREAS, on October 10, 2020, an amended ordinance for the Criminal Traffic and Assessment Act was adopted which set for the fee schedules for the criminal cases, civil cases, and expungements and sealing to be charged by the Lake County Circuit Clerk; and
WHEREAS, on July 11, 2023, the County Board adopted a resolution, effective July 11, 2023, which set forth the current fees authorized to be charged by the Lake County Circuit Clerk for Petitions to Expunge and Seal only; and
WHEREAS, Chapter 35 of the Lake County, IL Code of Ordinances sets forth the fees authorized to be charged by the Lake County Circuit Court Clerk for Petitions to Expunge and Seal; and
WHEREAS, the Administrative Office of Illinois Courts updated their Manual on Record Keeping, effective on October 1, 2024, providing comprehensive requirements regarding the e-Filing standards for case types and fees which mandated the e-Filing of Petitions to Expunge and Petitions to Seal for Adults where a criminal case exists in an MX case type; and
WHEREAS, the Criminal Identification Act and the Clerk of the Circuit Courts Act set forth the fees permitted to be assessed by the Clerk of the Circuit Court related to the filing of a Petition to Expunge or Seal; and
WHEREAS, the Criminal Identification Act specifies that the Circuit Court Clerk may charge an administrative fee for the cost associated with the sealing or expungement of records by the Circuit Court Clerk; and
WHEREAS, the Criminal Identification Act allows the Illinois State Police to charge a petitioner a fee for the cost of processing any order to expunge or seal records, and the Illinois State Police has set forth a $60 fee for processing a court order to expunge or seal criminal history; and
WHEREAS, the Criminal Identification Act directs the Circuit Court Clerk to collect and remit the Illinois State Police portion of the fee to the State Treasurer; and
WHEREAS, the Criminal Identification Act permits the Circuit Court Clerk to charge up to $60 for each expungement petition filed and up to $4 per certified copy of an order to expunge or seal; and
WHEREAS, said July 11, 2023, Resolution should be amended to be consistent with applicable law.
NOW, THEREFORE, BE IT ORDAINED, by this County Board of Lake County, Illinois, that the Expungement and Sealing fees be set forth as follows:
$60 for the initial petition including the first offense date
$10 mailing fee and postage
$4 per certified copy
$60 for state police fee
$10 administrative Fee
BE IT FURTHER ORDAINED, that the total administrative costs for the Circuit Clerk for a Petition to Expunge or Seal shall not exceed $152 per Petition despite the number of offense dates included on the Petition; and
BE IT FURTHER ORDAINED, that the October 10, 2020, paragraph 4(o) only of Ordinance 35.15, and July 11, 2023, Resolution are hereby amended thereby modifying the fees the Clerk of the Circuit Court shall collect associated with Petitions to Expunge or Seal approved by means of those resolutions; and
BE IT FURTHER ORDAINED, that this Ordinance shall be in full force and effect immediately upon its adoption.
DATED at Waukegan, Illinois, on July 8, 2025.