Expungement Orders Ignored By State Police

The Illinois State Police have been ignoring Court Orders directing them to expunge criminal records. This practice seems to be limited to court orders coming out of the Markham Courthouse in Cook County. These court orders have been complied with by the Clerk of the Circuit Court and the arresting police agencies, but not the Illinois State Police. Approximately 281 expungement orders issued by the Chief Judge at Markham have not been complied with by the Illinois State Police. Once the expungement order is entered, the defendant, or their attorney, forwards the Order to the Illinois State Police. In 281 of those cases, the Illinois State Police has mailed a letter back to the defendant, or their attorney, informing them that their case could not be expunged. At least one Petition has been filed in Markham seeking to hold the Illinois State Police in contempt of court for failing to comply with a court order. In response, the Illinois State Police agreed to comply with 137 expungement orders but refused to comply with another 144. The petition to hold the Illinois State Police in contempt of court has since been voluntarily dismissed while the defendant in the case and the Illinois State Police try to negotiate a settlement of this issue.

Once again, this practice of ignoring expungement orders appears to be limited to expungement orders coming out of the Markham courthouse.

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