Q. Can I expunge multiple cases on one petition, thereby avoiding filing fees?

(From the ISBA criminal law discussion group)

Brett A. Appelman, Aurora. Client was given court supervision three years ago on class A misdemeanor trespassing that resulted in two separate cases. It has almost been two full years since both cases were discharged satisfactorily. Can both cases be expunged? If so, can I do both at the same time?

ISBA lawyers respond

Jeffrey R. Hall, Peoria. Yes, you can apply for expungement as long as at the time of filing the requisite two years has passed. Moreover, you can save your client court costs by using the new supreme court approved form to file multiple cases on one petition.

Here is the link with instructions:

http://www.illinoiscourts.gov/forms/approved/expungement/Expungement_Impound_Suite_Approved.pdf. If you don't use this form, the circuit clerk might try to charge you extra filing fees per petition.

Alan Downen, Mcleansboro. [Also], you can do as many as you want on one petition (assuming they are all in the same county). However, you might run into some opposition from the clerk, who may say you can't do it that way (they might want single petitions and a separate filing fee for each). Nothing in the statute that I can find addresses that, but there is a letter that the supreme court sent to the Illinois State Appellate Defender's Office (Expungement Unit) stating that multiple cases can be on one petition. If your clerk insists on separate petitions, call the Expungement Unit and they will send that letter to the clerk.