Circuit Court of Cook County Notice - Residential Eviction Sealing and Public Act 102-005

On May 17, 2021, Governor Pritzker signed into law Public Act 102-005, which immediately provided for automatic and mandatory sealing of residential eviction cases filed beginning with the State’s COVID-19 emergency declaration (March 9, 2020) through March 31, 2022, and residential eviction case files that were pending and not sealed as of May 17, 2021. 735 ILCS 5/9-122(a)(b).  

However, unsealing motions can be submitted if the residential eviction case was not in part or wholly related to non-payment of rent during the COVID-19 emergency and economic recovery period (March 9, 2020 – March 31, 2022), and (1) the interests of justice in sealing the court file does not outweigh the public interest in maintaining a public record; (2) the parties to the eviction action do not agree to seal the court file; (3) there was material violation of the terms of the tenancy by the tenant; or (4) the case was not dismissed. 735 ILCS 5/9-122. 

Also, beginning April 1, 2022, residential eviction filings will not be sealed unless a court orders the sealing if (1) the interests of justice in sealing the court file outweighs the public interest in maintaining a public record; (2) the parties to the eviction action agree to seal the court file; (3) there was no material violation of the terms of the tenancy by the tenant; or (4) the case was dismissed with or without prejudice. 735 ILCS 5/9-121.5(b)(1-4). The court ordered sealing provisions provided in 735 ILCS 5/9-121.5(b)(1-4) are repealed on August 1, 2022.

Beginning August 1, 2022, the sealing of a court file as provided under 735 ILCS 5/9-121 are again operative.

It is important to highlight that pursuant to Administrative Office of the Illinois Court’s Remote Access Policy, any residential eviction cases sealed between March 9, 2020, and March 31, 2022, will not be available on CCC Portal or Re:SearchIL until further notice.