Cook County State's Attorney's Office Spearheads New Illinois Law Expediting the Expungement Process

CHICAGO – Cook County State’s Attorney, Kim Foxx, is proud to announce that Governor J.B. Pritzker has signed a new law into place that will make life easier for thousands in the state of Illinois who are working toward a fresh start. The RESET Act immediately became law on Friday with the Governor’s signature, ensuring that one mistake does not have to alter the trajectory of one’s life.  

 “Everyone deserves a second chance, and The RESET Act creates a more efficient and effective path toward expungement by removing the red tape and allowing people to move forward with their lives two months sooner,” said State’s Attorney Foxx. “That is a game changer.”

The Rehabilitation Expungement Streamlining and Empowerment for Transition Act, or RESET Act, was spearheaded by the Cook County State’s Attorney’s Office, in partnership with the Law Office of the Cook County Public Defender and The Cook County Justice Advisory Council. This initiative followed feedback from court staff and numerous defendants involved in court-based alternative prosecution programs, which aim to keep individuals out of the prison system and provide a path toward expungement. A key issue identified was the delay in the ability to file for expungement, which hindered defendants' ability to secure jobs, housing, and education. Under previous Illinois law, graduates of court-based diversion programs had to wait 60 days after their case was dismissed by a judge before their expungement petition could be heard. This delay meant diversion program graduates still had those cases on their records while trying to move forward with their lives. Many had to pay hundreds of dollars to hire a lawyer to file their expungement petition, as their public defender was no longer available after their case dismissal. This not only proved costly for participants but also added strain to the judicial system, requiring additional court dates and resources.

The new RESET Act allows diversion program participants, public defenders, and private attorneys to file a petition for expungement at least 61 days before the defendant’s anticipated graduation. As a result, once their case is dismissed by a judge, expungement can be granted simultaneously, saving time and money.

The RESET Act applies to defendants completing programs in the state’s specialty courts, including those dealing with drugs, mental health disorders, and veterans. From 2012 through 2022, nearly 25,000 people were assigned to specialty courts in Cook County, with 74% graduating from these programs. Diversion programs often provide assistance with job security, housing, and mental health. Among those graduates, nearly 80% have not been rearrested.

Cook County Board President, Toni Preckwinkle applauded the arrival of this new state law, saying, “The RESET Act ensures individuals' records can be expunged the day they graduate from specialty court programming such as Drug Courts, Mental Health Courts, and other alternative prosecution and sentencing programs. The previous delays between graduation and when participants could seek expungement resulted in gaps in legal representation critical to ensure successful expungement and limited their opportunities during that time.”

The powerful, positive impact of the RESET Act was evident to lawmakers from both sides of the aisle, leading to unanimous support. The bill faced no opposition and was backed by civic, social, and labor groups, including the ACLU, AFL-CIO Illinois, NAMI, and the Illinois Chamber of Commerce.

Antonika Campbell recently graduated from one of Cook County’s specialty court diversion programs after being charged with Unlawful Use of a Weapon. She is still navigating the process of trying to have her case expunged from her record. While grateful for her diversion program and being able to pivot her life, she recognizes the tremendous impact The RESET Act will have on future participants. “Being able to reset their lives the moment their case is dismissed, that’s something I wish I could have. You don’t have to worry about it ever again,” said Campbell. “I really feel like that would have given me the relief I needed, instead of going through the stress I have now.”

The effort to get The RESET Act onto the books in Illinois was a collaborative one. “The Cook County State’s Attorney’s Office truly appreciates the hard work and support of Illinois Senators Robert Peters, Omar Aquino, Ann Gillespie, and Mattie Hunter, who co-sponsored the bill, as well as State Representatives Kam Buckner, Barbara Hernandez, Theresa Mah, Aaron Ortiz, and Travis Weaver,” remarked Foxx. “I am also extremely grateful for my staff and legislative team for their time, resources and dedication to ensuring this dream bill was a priority, and as a result, is now law.”

The Cook County State’s Attorney’s Office (CCSAO) is the nation’s second-largest prosecutor’s office. Under the leadership of Cook County’s first Black woman State’s Attorney, Kim Foxx, the office has championed a progressive vision of justice that emphasizes thriving, healthy, and safe communities for all residents of Cook County, regardless of race, income, or zip code. As State’s Attorney, Foxx has been recognized as one of the nation’s most progressive prosecutors, employing innovative strategies to break the cycles of violence and crime and effecting change in a criminal justice system rooted in systemic racism. As her tenure draws to a close, her legacy of reform and community engagement will continue to influence the office. Follow @SAKimFoxx on Instagram, Twitter, and Facebook and @CookCountySAO on Twitter and Facebook for updates and information.