Court & Hearings
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If you are found guilty in a criminal or traffic case, the court may order you to pay court costs. These costs are sometimes called “assessments.” If you cannot afford to pay, you can ask the judge to lower the amount or remove the costs. You can use the criminal court assessments fee waiver easy form program to fill out the forms you need.
What are criminal court assessments, and how do I know if I owe them?
They are costs you must pay if you are convicted or plead guilty in a criminal or traffic case. These assessments are set by law and are different from fines or restitution. You will get a court document, usually part of your sentencing order, that lists any assessments you owe.
What cases and costs are not covered by a criminal assessment waiver?
A waiver only applies to criminal court assessments. It does not apply in:
- Civil cases
- Juvenile cases
- Traffic cases, unless you are in Cook County. In Cook County, the waiver forms can only be used for certain traffic and petty offenses listed in Schedules 2, 6, 9, 10, and 13 of Article 15 of the Criminal and Traffic Assessment Act.
The waiver also does not cover:
- Fines
- Restitution, which is money owed to a victim
- Taxes or other separate penalties
Who can get a waiver?
You may qualify if:
- You get certain public benefits, like SNAP (food stamps), SSI, TANF, AABD, GA, or Medicaid.
- Your income is at or below 200% of the federal poverty level (FPL). If your income is above 200% but below 400% FPL, you may qualify for a partial waiver.
- Paying the assessments would cause you serious financial hardship.
If I don’t qualify for a full waiver, can I still get a partial waiver?
Yes. If your income is between 200% and 400% of the federal poverty level, the judge may grant a partial waiver. You may then be ordered to pay 25%, 50%, or 75% of the assessments, depending on your income.
How do I apply, and is there a deadline?
To apply, fill out the required forms and file them with the circuit court clerk.
- Use our Criminal court fee waiver easy form to fill out your forms and get filing instructions at the end.
- You can also download the forms and instructions directly from the Illinois Courts website.
You must file your application no later than 30 days after your sentencing date.
Will I have to go to court to get approved?
Not always. The judge may decide based only on your forms. If the judge needs more information, you will get a notice to attend a hearing.
What can the judge decide about my request?
The judge can:
- Grant a full waiver: you pay nothing
- Grant a partial waiver: you pay part of the assessments
- Deny the waiver: you pay all assessments
The judge may also allow you to:
- Pay in installments
- Delay payment
- Use another reasonable payment plan
What happens if I don’t pay by the deadline?
If you do not pay on time, the court may:
- Send your case to collections
- Extend your probation, supervision, or conditional discharge until you pay
- Hold you in contempt of court
If you posted a cash bond, the court may use it to cover assessments before returning any leftover money.
Does it cost money to apply?
No. It is free to apply for a waiver of criminal or traffic assessments.
Worried about doing this on your own? You may be able to get free legal help.