Sec. 21-102. Petition; update criminal history transcript.

486 words·~2 min read·/il/chapter-735/act-5/21-102

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)The petition shall be a statewide standardized form approved by the Illinois Supreme Court and shall set forth the name then held, the name sought to be assumed, the residence of the petitioner, the length of time the petitioner has resided in this State, and the state or country of the petitioner's nativity or supposed nativity. The petition shall include a statement, verified under oath as provided under Section 1-109 of this Code, whether or not the petitioner or any other person 18 years of age or older who will be subject to a change of name under the petition if granted:

(1)has been adjudicated or convicted of a felony or misdemeanor offense under the laws of this State or any other state for which a pardon has not been granted; or

(2)has an arrest for which a charge has not been filed or a pending charge on a felony or misdemeanor offense. The petition shall be signed by the person petitioning or, in case of minors, by the parent or guardian having the legal custody of the minor.

(b)If the statement provided under subsection

(a)of this Section indicates the petitioner or any other person 18 years of age or older who will be subject to a change of name under the petition, if granted, has been adjudicated or convicted of a felony or misdemeanor offense under the laws of this State or any other state for which a pardon has not been granted, or has an arrest for which a charge has not been filed or a pending charge on a felony or misdemeanor offense, the State's Attorney may request the court to or the court may on its own motion, require the person, prior to a hearing on the petition, to initiate an update of his or her criminal history transcript with the Illinois State Police. The Illinois State Police shall allow a person to use the Access and Review process, established by rule in the Illinois State Police, for this purpose. Upon completion of the update of the criminal history transcript, the petitioner shall file confirmation of each update with the court, which shall seal the records from disclosure outside of court proceedings on the petition.

(c)Any petition filed under subsection

(a)shall include the following: "WARNING: If you are required to register under the Sex Offender Registration Act, the Murderer and Violent Offender Against Youth Registration Act, or the Arsonist Registry Act in this State or a similar law in any other state and have not been pardoned, you will be committing a felony under those respective Acts by seeking a change of name during the registration period UNLESS your request for legal name change is due to marriage, religious beliefs, status as a victim of trafficking or gender related identity as defined by the Illinois Human Rights Act.".