Judge orders Illinois State Police to...

Judge orders Illinois State Police to follow decrees to expunge...

There are 17 comments on the Chicago Tribune story from Jun 4, 2008, titled Judge orders Illinois State Police to follow decrees to expunge.... In it, Chicago Tribune reports that:

A Cook County judge scolded the Illinois State Police on Wednesday for routinely disobeying his orders to expunge criminal records and warned that he plans to find the agency in criminal contempt of court.

Join the discussion below, or Read more at Chicago Tribune.

politwriter

Arlington Heights, IL

#1 Jun 4, 2008
Well, hats off to Judge Riley.

What is it about the RULE OF LAW that the Illinois State Police do not understand?

Do they think they are a law unto themselves?

A fine would not suffice in that it would only penalize the taxpaying public. Some of the lawbreakers in the Illinois State Police should face criminal sanctions.
for real

Munster, IN

#2 Jun 4, 2008
politwriter wrote:
Well, hats off to Judge Riley.
What is it about the RULE OF LAW that the Illinois State Police do not understand?
Do they think they are a law unto themselves?
A fine would not suffice in that it would only penalize the taxpaying public. Some of the lawbreakers in the Illinois State Police should face criminal sanctions.
remember this when you bring your children to be watched by a named homocide offender in daycare, but paid a lawyer little money to clear the record or expunge it, and got that job, i take it you trust everyone with your prized possesions, let an ex convict mange your retirement money,,,but when it comes to that noooo...everyone likes to talk but hides behind when it affects them, give 3% but want 150%,, grow up and stop being so dam liberal
smoochy

New Carlisle, IN

#3 Jun 5, 2008
Now the ISP is acting like the cockroaches from CPD. Great.

Police agencies routinely ignoring the courts?!? Sounds like Nazi Germany circa 1939
Mom2

Metamora, IL

#4 Jun 5, 2008
for real wrote:
<quoted text>
remember this when you bring your children to be watched by a named homocide offender in daycare, but paid a lawyer little money to clear the record or expunge it, and got that job, i take it you trust everyone with your prized possesions, let an ex convict mange your retirement money,,,but when it comes to that noooo...everyone likes to talk but hides behind when it affects them, give 3% but want 150%,, grow up and stop being so dam liberal
Very few people can get an expungement, certainly not somebody convicted of stealing large amounts of money or of killing someone. Those are felonies that you can't get expungement for.

Poor lady who wanted to keep the fact that she was charged with something private after those charges were DISMISSED. Now she is all over the newspaper b/c the Police think they don't have to obey a judge's orders. The police should appeal to a higher court if they disagree with the judge. Great use of taxpayer money ISP.
9-11 is a Lie

Schaumburg, IL

#5 Jun 5, 2008
Wow I guess the ISP thinks they can act like the FBI. It's not bad enough that they can now snatch someone's gun card arbitrarily, without due process, but can choose to ignore a court order from a lawfully sitting judge, welcome to the Bushworld fascist state. Let's see, they can already tap our phones, open our mail, and spy on us without a warrent, it's starting to smell alot like East Germany. Yes, that has a nice ring to it, the Illinois Stasi Polici. Just start passing out the plyther coats, gestapo badges and jackboots and we can revert to no constitution at all in this country. I mean that's what the right wingers want isn't it. The Department of Fatherland Security, the You're not a Patriot Act, but I who snitched on you am. All I can say folks is keep buying all the ammo you can afford and store , before long we're gonna need it.
9-11 is a Lie

Schaumburg, IL

#6 Jun 5, 2008
Sheeit, I forgot the most intragal part of this insidious plan: Your child left behind. After all if every child coming out of our school system was as stupid as our president, think about how easy it would be to get everyone to just shut up and go along. BAAAAAAAAAA sheeple, run along now and we'll lead you to the slaughter ( I mean shower rooms) room when we're good and ready. After all none of you will bother to question your leaders, none of you will stand up, and none of you will risk anything until it's too late, as usual. Of course here I am railing in the worst of the worst propaganda rags on the planet, oops that must be the sensor.
knowitall

Berkeley, IL

#7 Jun 5, 2008
If you are going to write an article, at least make sure not to exhibit ignorance in the heading. Per the 1970 Illinois Constitution, there are no more "decrees;" now, everything is a judgment. E.g., used to be a divorce decree, now judgment for dissolution of marriage.
Tom Terrific

Chicago, IL

#8 Jun 5, 2008
Expungements are not granted in cases where there are convictions. So, no "ex-convict" is going to get an expungement. If you're so all worried about an issue, please educate yourself as to the facts before you embarrass yourself in a public forum.
Sol

Chicago, IL

#9 Jun 5, 2008
Typical cops.

The state police are a joke.

They are almost as lazy, rude and ill mannered as Chicago's finest.
salukilaw

Genoa, IL

#11 Jun 12, 2008
Unfortunately, far more arrest records are expunged than most people think because the language in the statute gives a judge discretion in granting an expungement ("the judge may").

The Judge, however, is wrong on this point of law; the relevant statute 20 ILCS 2630/5(a) does not require the Illinois State Police to comply with an order to "expunge" an arrest record, but only an order to "seal" or "expunge and seal" an arrest record. This is a common mistake pro se petitioner's, and many lawyers, make and it frustrates them endlessly. It also appears the Chicago Tribune has not done their homework before publishing this story.

It is the Illinois legislature who made the Illinois State Police so powerful in this instance; everyone from your local police department to the FBI either are bound by, or choose to comply with (in the case of the latter) an order to expunge an arrest record. The State Police are not required to, and choose not to. They are at times a pain in the butt on this issue but are supported by statutory authority in doing so. If you're upset by the State Police's actions, write your Representative and get the statute changed.
really really disgusted

United States

#12 Jun 12, 2008
Our Illinois state Constitution reads, from ARTICLE I, BILL OF RIGHTS:

SECTION 22. RIGHT TO ARMS

Subject only to the police power, the right of the individual citizen to keep and bear arms shall not be infringed.(Source: Illinois Constitution.)

And our second amendment rights are Carte blanche arbitrarily subjugated to this (and any other "official police") organization that is turning rogue.

The idiots that re-wrote our state constitution should be horsewhipped, not just "get the statue changed".....

CPD = turning rogue, ISP = turning rogue
Quis custodiet ipsos custodes?
cMe

Palos Heights, IL

#13 Jun 12, 2008
for real wrote:
<quoted text>
remember this when you bring your children to be watched by a named homocide offender in daycare, but paid a lawyer little money to clear the record or expunge it, and got that job, i take it you trust everyone with your prized possesions, let an ex convict mange your retirement money,,,but when it comes to that noooo...everyone likes to talk but hides behind when it affects them, give 3% but want 150%,, grow up and stop being so dam liberal
So we should be afraid of "criminals" but not a lawless government (or a lawless law enforcement agency)?

The IPS's arrogance is outrageous. How dare they prevent citizens from gainful employment.

I am in full support of this judge should he proceed with his warning to find this agency in criminal contempt of court.
white lie

Markham, IL

#14 Jun 16, 2008
sheeple,sheeple,sheeple, and you wonder why so many sheeple stop looking for work.
Sean

Noblesville, IN

#15 Jan 6, 2009
Tom Terrific wrote:
Expungements are not granted in cases where there are convictions. So, no "ex-convict" is going to get an expungement. If you're so all worried about an issue, please educate yourself as to the facts before you embarrass yourself in a public forum.
Misdameanors can be expunged even where theirs convictions and only some cases of class 4 felony for drugs or prostitution other wise it can all be expunged thru governor pardon expressly allowing for expungement
The Point

Waukegan, IL

#16 Apr 29, 2009
The context is always important and the thread so far identifies differences in context.
So, for this comment, the context is related to one prior post - expungement is requested for someone for an arrest while driving and is found to be not guilty or charge dismissed.

In this case, with no other if's and's or but's, expungement is not supposed to be optional to IL State Police. As pointed out in one posting though, there are no consequences for the IL State Police or any other public service branch not doing what they've been told to do. So yes, according to another post in the thread, get your representative to write a bill which has consequences for a public safety / service agency not doing what they are supposed to.
This is true

Chicago, IL

#17 May 8, 2009
I had a person when I was 19 say i punched them in the face. (Lie) I was arrested and when I went to court the person stood there and told the judge he wanted to drop the charges cause his friend (I did not know the friend of his)said it was not me. I was pissed as hell that this punk lied on me but relieved the charge was dropped. This is why expungements are a good thing for cases like this.
Bill

La Grange, IL

#19 Mar 18, 2010
I hope you know that people that have violent crimes cannot get their record expunged. It has to be something as little as urinating in public or some other very petty crime that most americans do but never get caught for. Are you saying that you or any loved ones have never urinated in public after lets say a night of drinking? At a forest preserve for a picnic? If you or your loved ones did, your post basically says that you all should have a criminal record too. Maybe you should research the facts before posting such a nieve and harsh comment.
for real wrote:
<quoted text>
remember this when you bring your children to be watched by a named homocide offender in daycare, but paid a lawyer little money to clear the record or expunge it, and got that job, i take it you trust everyone with your prized possesions, let an ex convict mange your retirement money,,,but when it comes to that noooo...everyone likes to talk but hides behind when it affects them, give 3% but want 150%,, grow up and stop being so dam liberal

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