Updated- Cook County State's Attorney Must Give Notice to Parties of Any Objection

On March 9, 2021, Hannah Garst, obtained a favorable ruling for her client and the people of Cook County who want to expunge or seal their records. Up until this point, the Cook County State’s Attorney had taken the position that it need not provide notice to the parties of any objection it files with the clerk’s office. Following the state’s attorney’s objection, a court hearing is required. This lack of notice has affected petitioners in a myriad of ways, including being blindsided when they show up for court and unprepared to address the objection or waiting for a decision for months and not realizing an objection has been filed and a hearing date has not been assigned.

The First Municipal District ruled that based upon the rules of the Illinois Supreme Court and the Cook County Circuit Rules, the state’s attorney’s office must notice all parties of record at the time that they file their objection with the clerk (objections are required to be filed within 60 days of the state’s attorney’s receipt of the petition). Petitioners will now have the opportunity to be prepared for any hearing prior to the hearing occurring. If the state’s attorney fails to notice the parties of record, a motion to strike the objection may be filed.

On April 29, 2021, the Illinois Appellate Court for the Third District considered a similar case and concluded that the State could not participate in the expungement hearing because it had not filed a written objection within the statutory deadline. Ackerman v. Illinois, 2021 IL App (3d) 200169, ¶ 11 (Apr. 29, 2021). The Appellate Court further stated that “the trial court could not entertain the arguments of any objector, and likewise, [the petitioner] was not entitled to notice or the opportunity to participate in a hearing. In this circumstance, the trial court is required to rule solely on the basis of the petition.” Id.

The Law Offices of Hannah Garst, P.C. will vigorously represent you and ensure that your rights are asserted. If you have any questions about expungement or sealing petitions or hearings after objections, contact the Law Office of Hannah Garst, P.C. for a free consultation.