(a) All petitions to expunge records of arrest from the official records of the arresting authority shall be in writing and shall be brought before the Presiding Judge of the Criminal Division if the case arises in the City of Chicago. If the case arises in any of the five Suburban Districts the petition should be brought before the Presiding Judge of the respective district. If the subject matter of the case is a delinquency petition, the petition to expunge records of arrest should be brought before the Presiding Judge of the Juvenile Division.

(b) Notice of the petition shall be served upon the prosecuting authority charged with the duty of prosecuting the case arising out of the incident of arrest.

(c) The petition shall be accompanied by a waiver, in a manner satisfactory to the court, waiving any and all claims the petitioner may have against the arresting officer or officers in the case arising out of the incident of arrest.

(d) The Presiding Judge before whom the record to expunge is brought may, in his discretion, enter an order expunging the record of arrest.

[Amended, effective November 18, 1974.]