Should Restraining Orders Be on Your Record Permanently?

Should a dismissed restraining order case stay on a person's record for the rest of their lives?

If House Bill 4460, sponsored by state Rep. Anthony DeLuca passes, a person who has had an emergency order of protection entered against them and had it dismissed may be entitled to have any court record of the charge expunged.

“Under the current law, citizens have no legal remedy allowing them to expunge court and police records of an emergency protection order that was entered against them in cases where the accuser decides to dismiss the charges by agreement and not pursue a permanent order,” DeLuca said. 

DeLuca (D-Chicago Heights) will represent New Lenox and Frankfort residents south of Laraway Road following the 2012 election. Because of newly drawn district maps, his territory extended west. He's running uncontested this year, which means he'll remain in office.

This legislation basically says if an individual’s case falls under certain guidelines, the court has to order that all records of an emergency order of protection be erased from the court’s records, according to DeLuca. It would also have to be removed from the Illinois State Police’s Law Enforcement Agencies Data System within three business days.

For this to happen the individual would first have to petition the court, and there is a criteria that must be met before any emergency order of protection case can be expunged, according to DeLuca's office: 

1. The person who sought the emergency order fails to seek the plenary order of protection prior to the emergency order expiring.

2. There is an agreed dismissal without prejudice.

3. The court denies the issuance of the plenary order of protection following the emergency order. 

Then there's House Bill 4461, which DeLuca is also sponsoring.

This legislation would mean falsifying an order of protection or civil no contact order a Class A misdemeanor. Repeat offenders would be charged with a Class 4 felony, according to DeLuca's office. Additionally, any order that was falsely obtained would be "vacated or modified," as part of the same bill.

“Currently, when an emergency order of protection is entered against someone, it will remain on their court and police records for the rest of their lives, even if the charge was completely unsubstantiated or dropped by the accuser without prejudice,” said Cook County Deputy Sheriff Michael J. Tilton, who is also Chairman of Rep. DeLuca’s Public Safety Advisory Committee. 

Both bills were introduced Monday, Jan. 30.