Chicago Police DepartmentSpecial Order S09-04-03
Arrest Record Expungement
Issue Date:24 September 1990Effective Date:25 September 1990
Rescinds:S90-07
Index Category:Information Management
I.Purpose
This directive defines the responsibilities and procedures for the expungement of arrest records.
II.Responsibilities and Procedures
  • A.The Director, Records Services Division will receive all petitions for the expungement of arrest records from the State’s Attorney’s Office, and will forward them to the Identification Section for processing.
  • B.Upon receipt of a petition for the expungement of the records of an arrest which were effected by the Department, Identification Section personnel will attach a copy of the Criminal History sheet (CPD-31.903) and/or a copy of the Arrest Report (CPD-11.420) to the petition. A cover letter will also be attached to indicate whether the petitioner has had any prior convictions, and if there is a conflict between arrest record dates and the petition.
    If the arrest was not effected by the Department:
    • 1.a copy of the fingerprint card supplied by the agency which effected the arrest will be attached to the petition, or
    • 2.if a fingerprint card was not forwarded to the Department by the agency which effected the arrest, a letter will be attached to the petition indicating that the Department has no record of the arrest.
  • C.Upon receipt of the Court Order to expunge the record of an arrest, Identification Section personnel will:
    • 1.review the Court Order and arrest record to verify that the date of the arrest corresponds to the date which appears on the Court Order and that the signature of the judge is authentic.
    • 2.expunge all arrest documents from official Department files as specified in the Court Order.
    • 3.forward a Notice to Expunge and Return Records (CPD-31.712) to the commanding officers of the Bureau of Patrol, Detective Division, Organized Crime Division, Human Resources Division and the Internal Affairs Division. All units receiving the notification form will, within 7 days, forward all records of arrest and all other related material pertaining to the arrest of the individual named in the Court Order, along with the notification form, to the Commanding Officer, Identification Section. Each commanding officer will issue a warning to all unit personnel that no record of arrest or photograph of the individual may be retained after the date of issuance of the Court Order for expungement.
    • 4.forward all Chicago Police Department arrest documents pertaining to the individual named in the Court Order to the Director, Records Services Division who will:
      • a.review the file to ensure that all necessary information pertaining to the arrest indicated in the Court Order has been included.
      • b.forward the file and all necessary material and information either to the attorney designated in the Court Order or directly to the individual whose arrest record has been expunged.
III.Inquiries
All inquiries concerning an arrest record which has been expunged will be answered by the statement "NO RECORD."
LeRoy Martin
Superintendent of Police
90-039 JVD (MER)[LBM]