Lake County Illinois - File #: 23-0860

• File #: 23-0860
• Version: 4
• Name: expungement fee item
• Type: ordinance
• Status: Regular Agenda
• File created: 6/2/2023
• In control: Law & Judicial Committee
• Final action: 6/27/2023
• Title: Ordinance to modify the Petition to Expunge and Seal costs to be charged by the Circuit Clerk's Office.

Date	Ver.	Action By	Action	Result
7/11/2023	4	Lake County Board	adopted	Pass
6/29/2023	4	Financial & Administrative Committee	recommended for adoption to the regular agenda	Pass
6/27/2023	3	Law & Judicial Committee	approved and referred on to the Financial and Administrative Committee	Pass
6/27/2023	3	Law & Judicial Committee	amended	Pass
6/27/2023	3	Law & Judicial Committee	amended	Pass
6/27/2023	3	Law & Judicial Committee	approved as amended	Pass
6/13/2023	2	Lake County Board	referred	Pass
6/8/2023	1	Financial & Administrative Committee	recommended for adoption to the regular agenda	Pass
6/6/2023	1	Law & Judicial Committee	approved and referred on to the Financial and Administrative Committee	Pass

Title
Ordinance to modify the Petition to Expunge and Seal costs to be charged by the Circuit Clerk's Office.

Staff Summary
* An Ordinance was entered on June 11, 2019 setting forth fees to be charged by the Circuit Clerk's Office, including petitions to expunge.
* The proposed Ordinance to Modify the Petition to Expunge and Seal costs to be charged by the Circuit Clerk's Office addresses fees that may be charged based on applicable law and modifies the current fee structure.
* This proposed ordinance would change the fee structure to be $60 per petition, $4 per certified copy, $75 administrative fee per additional offense listed, and $60 state police fee.
* At the June 13, 2023 Lake County Board Meeting, the members referred the item back to the Law & Judicial Committee.
* At the June 27, 2023 Law and Judicial Committee meeting, the ordinance was amended so the Circuit Clerk's total administrative fee for all additional dates for a Petition to Expunge or Seal ($75 administrative cost and $10 mailing fee for each additional offense) shall not exceed $160 per petition despite the number of additional offense dates included on the petition.

Body
AN ORDINANCE ESTABLISHING FEES FOR EXPUNGEMENT CASES TO BE CHARGED BY THE CLERK OF THE CIRCUIT COURT

WHEREAS, on June 11, 2019, the County Board adopted an Ordinance, effective July 1, 2019 which set forth the current fees authorized to be charged by the Lake County Circuit Clerk for Petitions to Expunge and Seal; and

WHEREAS, Chapter 35 of the Lake County, IL Code of Ordinances sets the fees authorized to be charged by the Lake County Circuit Court Clerk for Petitions to Expunge and Seal; and

WHEREAS, the Illinois General Assembly passed comprehensive legislation, effective on August 20, 2021, with a purpose of providing an expansion of the expungement and sealing provisions; and

WHEREAS, the Criminal Identification Act and the Clerk of the Circuit Courts Act set forth the fees permitted to be assessed by the Cler...