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 ...
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