Circuit Court of Boone County, Illinois (17th Judicial Circuit) Sealing & Redaction Procedures

CRITICAL

Search warrant records must be impounded upon filing.

All search warrant records shall be impounded upon filing pursuant to Part 1, Section L, paragraph 2(b) of the Manual on Record Keeping.

CRITICAL

Search warrant records must remain impounded until further court order, regardless of whether the warrant has been executed, returned, or concluded.

Further, in order to protect the integrity of criminal investigations, promote the safety of law enforcement officers and confidential informants, safeguard the privacy interests of victims and witnesses, prevent the premature disclosure of investigative information, and further the administration of justice, all search warrant records shall remain impounded until further order of the court regardless of whether the warrant has been executed, returned, unexecuted, or otherwise concluded.

CRITICAL

Impounded search warrant records are unavailable to the public but available to parties of record and as otherwise directed by court order.

As impounded documents, search warrant records shall not be available for public access but shall be available to parties of record and otherwise as directed by order of the court.

CRITICAL

A judge's written order is required to seal or impound files, records, or documents unless statute or the Manual on Recordkeeping provides otherwise.

Except as otherwise provided by statute or the Manual on Recordkeeping, files, records or documents may be impounded or sealed only upon written order of a judge.

CRITICAL

The clerk may not seal or impound any file or part of a file without a written order, except when law or the Manual on Recordkeeping requires it.

The clerk of the court shall not impound or seal any file or any part thereof without a written order unless otherwise required by law or the Manual on Recordkeeping.

CRITICAL

Juvenile files must be impounded subject to the cited statutes and local-rule exception.

Juvenile files shall be impounded subject to the terms of 705 ILCS 405/1-8, 705 ILCS 405/5-901 and paragraph 16.02(a)(2) of this Local Rule No. 16.

CRITICAL

Fitness reports and psychological or psychiatric evaluations must be impounded subject to the cited statute.

Fitness reports, psychological and/or psychiatric evaluations shall be impounded subject to the terms of 725 ILCS 5/104-19.

CRITICAL

Presentence investigation reports must be impounded subject to the cited statute.

Presentence investigation reports shall be impounded subject to the terms of the 730 ILCS 5/5-3-4 (a) & (b).

CRITICAL

Mental health records must be impounded subject to the cited statute.

Mental health records shall be impounded subject to the terms of 740 ILCS 110/1 et. seq.

CRITICAL

Adoption files must be impounded subject to the cited statute.

Adoption files shall be impounded subject to the terms of 750 ILCS 50/18.

CRITICAL

Reports concerning adjudication of disability and appointment of a guardian must be impounded subject to the cited statute.

Reports filed with respect to adjudication of disability and appointment of guardian shall be impounded subject to the terms of 755 ILCS 5/11a-9.

CRITICAL

Court proceedings under the Parental Notice of Abortion Act of 1995 must be sealed.

All Court proceedings under this Section shall be sealed. (750 ILCS 70/25).

CRITICAL

Within 14 days after proper filing, the clerk must set the motion for hearing before the ordering judge, or refer it to the Chief Judge or designee if that judge is unavailable or cannot hear it within 14 days.

Upon the proper filing of a "Motion to Rescind Order Sealing File" or "Motion to Rescind Order Impounding File", within 14 days the clerk shall set the motion for hearing before the judge who ordered the case, records or documents to be sealed or impounded. If the judge ordering the case, records or documents sealed or impounded is no longer available or cannot hear the motion within the 14 days set forth by this rule, then the case shall be referred to the Chief Judge or his or her designee for review.

CRITICALCriminal cases

The Circuit Clerk must maintain under seal in the case file copies of the specified items sent to the Illinois Department of Human Services.

5. The Office of the Circuit Clerk shall maintain under seal copies of all items sent to the Illinois department of Human Services in paragraph 1 above in the official record/file of the specific case.

CRITICAL

Financial affidavits and supporting documents must be filed as impounded documents and are not available to the public, subject to the stated authorized access.

B. Because they are inherently of a personal nature and create an enhanced risk of identity theft, financial affidavits and any supporting documentation shall be accepted by the Office of the Circuit Clerk and be filed as impounded documents. As an impounded document, the financial affidavit shall not be available for public access but shall be available to the court, the appellate court, parties and their attorneys, and others directed by the court.

CRITICAL

After a jury trial, the listed juror documents must be placed in separate envelopes as specified and sealed in the court file.

At the completion of all jury trials, the judge shall provide to the clerk the judge's juror profile cards, juror list(s), juror seating chart(s), and the verdict forms. In one envelope, the clerk shall insert the juror profile cards, the juror list(s), and the juror seating chart(s). In a separate envelope, the clerk shall insert the verdict forms. All juror court documents shall then be sealed in the court file.

CRITICAL

Pretrial services reports received by the Circuit Clerk should be sealed in the applicable file, while the court, probation, parties, and counsel retain access.

Pretrial services reports received by the Circuit Clerk should be sealed in the applicable file to protect their confidentiality as provided by 725 ILCS 185/31, with the court, probation, the parties, and their counsel retaining the right of access to the sealed reports.

CRITICAL

Guardian ad litem reports concerning a minor in family, divorce, or minor guardianship cases must be filed as impounded documents, unavailable to the public but accessible to the listed persons and others as directed by the court.

Guardian ad litem reports submitted to the court in connection with a minor in family, divorce, or minor guardianship cases shall be accepted by the Office of the Circuit Clerk and be filed as impounded documents. As impounded documents, Guardian ad litem reports shall not be available for public access but shall be available to the court, the appellate court, parties and their attorneys, the GAL, and others as directed by the court.

CRITICAL

A party seeking to file under seal without a prior court order must electronically file a motion for leave.

A party who has a legal basis for filing a document under seal without prior court order must electronically file a motion for leave to file under seal.

CRITICAL

A party seeking leave to file a document under seal must not attach the document to the motion.

The document in question may not be attached to the motion as an attachment.

CRITICAL

Unless the Court orders otherwise, parties must omit or redact the specified personal identifiers from electronically filed documents.

In addition to the materials referenced in Supreme Court Rules 15 and 138, parties and their counsel shall refrain from including, or shall redact where inclusion is necessary, the following personal identifiers from all documents electronically filed with the court unless otherwise ordered by the court.

CRITICAL

If a Social Security number must appear in a document, only its last four digits may be used.

If an individual’s Social Security Number must be included in a document, only the last four digits of the number shall be used.

CRITICAL

An individual’s driver’s license number must not be included.

An individual’s Driver’s License Number shall not be used.

CRITICAL

If a financial account number is relevant, only its last four digits may be used.

If financial account numbers are relevant, only the last four digits ofthese numbers shall be used.

WARNING

Public access to court files and records is presumed, and may be restricted only when a compelling showing establishes that protective interests outweigh the public’s right of access.

There is a strong statutory presumption of public access to the court's files and records which may be overcome only on a compelling showing that the public's right of access is outweighed by the interests of the public and the parties in protecting files, records, or documents from public review.

WARNING

A motion to seal may itself be sealed upon specific request if it discusses confidential material.

Any motion to seal, upon specific request, may also be sealed if it contains a discussion of the confidential material.

WARNING

Unless the written order specifies otherwise, the clerk must annually submit a list of the judge's sealed files for review; if that judge is unavailable, the matter goes to the Chief Judge or designee.

Unless otherwise specified on the written order, on an annual basis, the clerk of the court shall present for the judge's review, a list of all files, records or documents sealed by the judge. If the judge ordering the file, record or document to be sealed is no longer available, then the case shall be referred to the Chief Judge or his or her designee for review.

WARNING

The ordering judge must review whether sealed material should remain sealed and may unseal it if no party objects within 30 days after written notice of the intent to unseal.

The judge ordering the case, records or document sealed shall review the file to determine whether the case, records or document will remain sealed. A judge may unseal a case, records or document if a party fails to object to the unsealing within 30 days following written notice of the intent to unseal.

WARNING

A motion to impound may itself be impounded upon specific request if it discusses confidential material.

Any motion to impound, upon specific request, may also be impounded if it contains a discussion of the confidential material.

WARNING

Unless the written order specifies otherwise, the clerk must annually submit a list of the judge's impounded files for review; if that judge is unavailable, the matter goes to the Chief Judge or designee.

Unless otherwise specified on the written order, on an annual basis, the clerk of the court shall present for the judge's review, a list of all files, records or documents impounded by the judge. If the judge ordering the file, record or document to be impounded is no longer available, then the case shall be referred to the Chief Judge or his or her designee for review.

WARNING

The ordering judge must review whether impounded material should remain impounded and may rescind the order if no party objects within 30 days after written notice of the intent to rescind.

The judge ordering the case, records or document impounded shall review the file to determine whether the case, records or document will remain impounded. A judge may rescind an order impounding a case, records or document if a party fails to object to the rescinding order within 30 days following written notice of the intent to rescind the order impounding the case.

WARNING

The juror-document sealing requirement does not apply to jury verdict forms in civil cases.

The foregoing shall not apply to the jury verdict form in civil cases.

WARNING

A person seeking access to sealed juror documents must follow Local Rule 16.07 procedures.

Anyone seeking to access these sealed documents in the court file must follow the procedures outlined in 17th Circuit Local Rule 16.07.

WARNING

The presiding judge may grant additional access to sealed pretrial services reports by order.

The judge presiding in the case may by order grant additional access as appropriate.

WARNING

Relief from the impound order may be sought for good cause under Local Rule 16.07.

Relief from this impound order may be obtained, for good cause shown, pursuant to Local Rule 16.07.

WARNING

Juror personal information is sealed in the court file and may be disclosed only as General Order 9.07 describes.

Personal information about jurors will be sealed in the court file and only may be provided as described in General Order 9.07.

WARNING

After the judge reviews court-ordered disease-testing results, the circuit clerk must seal the documents unless the court orders otherwise.

Once the judge has finished reviewing the results, unless otherwise ordered by the court, the circuit clerk will seal the documents in the court file.

INFO

Sealing restricts access to users authorized by court order, while impoundment restricts access to users authorized by statute or court order.

For purposes of this Local Rule 16, the term “sealing” shall mean to remove all access to the file, record or document except for users authorized by court order. The term “impoundment” shall mean to remove all access to the file, record or document except for users authorized by statute or court order.

INFO

An attorney representing a client in a pending criminal matter may review that client's juvenile delinquency file without leave of court, except portions previously sealed.

An attorney who represents a client in a pending criminal matter may without leave of the court review any juvenile court file wherein that client is the respondent minor in a delinquency proceeding, except such part of the juvenile court file which has been previously sealed by the court.

INFO

The annual review procedure does not apply to files sealed under statute or the Manual on Recordkeeping.

For purposes of this rule, review of files sealed pursuant to statute or the Manual on Recordkeeping shall be exempt.

INFO

The review procedure does not apply to files impounded under statute or the Manual on Recordkeeping.

For purposes of this rule, review of files impounded pursuant to statute or the Manual on Recordkeeping shall be exempt. For purposes of this rule, review of files impounded pursuant to statute or the Manual on Recordkeeping shall be exempt.