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Black's Law Dictionary defines "expungement of record" as the "Process by which record of criminal conviction is destroyed or sealed from the state or Federal repository." [ 1 ] While expungement deals with an underlying criminal record, it is a civil action in which the subject is the petitioner or plaintiff asking a court to declare that the ...
TCA 40-32-101(a)(1)(B) A person applying for the expunction of records because the charge or warrant was dismissed in any court as a result of the successful completion of a pretrial diversion program pursuant to §§ 40-15-102 — 40-15-107, shall be charged the appropriate court clerk's fee pursuant to § 8-21-401 for destroying such records ...
Civil cases appealed from the Illinois Appellate Court are heard by the Supreme Court of Illinois upon the grant of a Petition for Leave to Appeal under Illinois Supreme Court Rule 315, [11] a Certificate of Importance under Illinois Supreme Court Rule 316, [12] or a Petition for Appeal as a Matter of Right under Illinois Supreme Court Rule 317 ...
Civil cases appealed from the Illinois Appellate Court are heard by the Supreme Court of Illinois upon the grant of a Petition for Leave to Appeal under Illinois Supreme Court Rule 315, [5] a Certificate of Importance under Illinois Supreme Court Rule 316, [6] or a Petition for Appeal as a Matter of Right under Illinois Supreme Court Rule 317. [7]
In filing the petition in the trial court is a step in the criminal process; however, the writ of coram nobis should be treated as a civil writ for appeal purposes. The writ is a discretionary writ and so a lower court's ruling on a petition for the writ is reviewed under the abuse of discretion standard in the appellate court. [127]
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