HB4460 Summary

• Allows courts to order expungement of emergency protection order records from court files and the Law Enforcement Agencies Data System if the petitioner fails to seek a plenary order before the emergency order expires.

• Requires expungement of emergency order records following denial of a plenary order, agreed dismissal, or dismissal due to petitioner's failure to appear.

• Prohibits expungement if the respondent violated the emergency order.

• Mandates court clerk to immediately file expungement orders with the Department of State Police, with all records expunged within 3 business days.

• Applies identical expungement provisions to both criminal protection orders under the Code of Criminal Procedure and civil protection orders under the Illinois Domestic Violence Act of 1986, effective June 1, 2012.