21-103.8.Impounding court file.
Article XXI. Change of Name · Last amended 2025 · Last verified July 20, 2026
Full Text of 735 ILCS 5/21-103.8
Plain-English Summary
Section 21-103.8 addresses what happens after a name-change petition is filed but before the record becomes a matter of public record indefinitely. Under subsection (a), a petitioner can move to have their court file impounded by filing a sworn statement that public disclosure would create a hardship or a risk to their health or safety. The section lists examples the legislature had in mind — being transgender, an adoptee, a survivor of domestic or intimate-partner abuse or other gender-based violence, a survivor of human trafficking, a refugee, someone with special immigrant status, a survivor of conversion or reparative therapy, or someone granted asylum — but that list does not limit the motion to only those situations. A petitioner can attach supporting documents, though a sworn statement alone is enough.
Subsection (b) handles the petitioner's address specifically: if disclosure would put the petitioner or a household member at risk, or would reveal a confidential domestic-violence shelter address, the address can be left off the filed documents and the petitioner can name an alternate address for service instead.
Subsection (c) makes clear that impounding the file does not excuse the reporting duty in Section 21-101(d). Even with a sealed file, if the petitioner has a qualifying criminal or registration history, the order still has to reach the Illinois State Police so the person's criminal history transcript or offender registration gets updated with the new name.
Frequently Asked Questions
How does a name-change petitioner get their court file sealed?
By filing a motion with a sworn statement that public disclosure would create a hardship or a risk to the petitioner's health or safety. Supporting documents can be attached, but the sworn statement by itself is enough to support the motion.
Does the statute list who can ask to impound their file?
It gives examples — transgender people, adoptees, survivors of domestic or gender-based violence, trafficking survivors, refugees, people with special immigrant status, survivors of conversion therapy, and people granted asylum — but the list illustrates rather than limits who may qualify.
Can I keep my home address off the name-change filing?
Yes, if disclosure would put you or your household at risk, or would reveal a confidential shelter address. You can omit the address and designate an alternative address for service instead.
If my file is impounded, does the State Police still get notified of my name change?
Yes. Impounding the file does not change the reporting duty under Section 21-101(d). If the petitioner has a qualifying criminal or registration record, the order still goes to the Illinois State Police to update the person's records.
Do I need a lawyer to file a motion to impound?
The section does not require one. It sets out what the motion must contain — a sworn statement of hardship or risk — but does not condition relief on being represented by counsel.
Amendment History
(Source: P.A. 103-1063, eff. 3-1-25.)