Illinois Public Records

Illinois public records are documents or information created, collated, or maintained by a government agency. The records are generally accessible to the public to promote government accountability and transparency.

According to [Section 2](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=85#:~:text=%C2%A0%C2%A0%C2%A0%C2%A0(-,5%20ILCS%20140/2,-)%20(from%20Ch) of the Illinois Freedom of Information Act (FOIA), Illinois public records include:

Maps
Papers
Memoranda
Recordings
Cards
Writings
Reports
Books
Letters
Electronic communications
Tapes
Electronic data processing records
Microfilms
Photographs
Forms

The Act also establishes that public records encompass reports, recorded information, and every other documentary material related to a public body's business.

Under the Act, government agencies are required to disseminate documents in their custody to the public. While some public offices provide instant, free access through online portals and self-service kiosks/computers, inquirers must request and pay for copies of official records.

Are Illinois Records Public?

Yes. Under the Illinois Freedom of Information Act (FOIA), public access to Illinois governmental records is a fundamental right of the people. However, while the FOIA establishes a general principle of transparency, it also recognizes the need to balance public openness with privacy protection. Certain exemptions are established in Section 7 of the Act-,(5%20ILCS%20140/7),-(Text%20of%20Section) to that effect.

Personal records, such as social security numbers and details concerning ongoing investigations, are examples of information that may be restricted to safeguard individual privacy and the integrity of legal processes.

Additionally, legal matters that require confidentiality (such as juvenile and adoption court cases) and records restricted by federal or state law fall within the limits of restricted information.

It is important to note that records generated, collated, and maintained by the Illinois Judiciary are not subject to the FOIA. However, the Illinois Supreme Court also allows public access to court records, with specific exemptions.

Illinois Public Records Act

The Illinois Freedom of Information Act (FOIA), codified in 5 ILCS 140, is the state's primary public records law. It was passed on June 28, 1983, and affords every person the right to inspect and obtain records generated by Illinois public bodies.

According to the FOIA, public bodies are government agencies, including their subsidiaries, sponsored by public funding. That said, the following are not public bodies in Illinois, according to 5 ILCS 140/2 (a):

Child Death Review Teams
Illinois Child Death Review Teams Executive Council
Regional Youth Advisory Board
Statewide Youth Advisory Board

The Act contains various provisions that ensure every individual's right to view Illinois public records without violating individual privacy. It also protects government agencies from undue burdens by regulating the Public Records Act request process.

Examples of Illinois public records accessible to individuals under the Act include:

Illinois vital records (birth, death, marriage, and divorce records)
Illinois warrants and arrest records
Illinois jail and inmate records
Illinois criminal records
License plate records
Property records
Vehicle information

How Do I Find Public Records in Illinois?

Every government agency provides varying guidelines for viewing or obtaining Illinois public records. However, the following steps are the same across the board:

**Determine The Type of Record and Its Availability **

The type of record sought determines what the inquirer should expect during the record request process. Some documents and materials may be redacted, exempt from public access, sealed, or destroyed. The FOIA's provisions do not cover unrecorded face-to-face interactions, phone calls, and documents that no longer exist.

Requesters may review Section 7 of the Illinois FOIA for documents withheld from the public. They can also reach out to the agencies that have such documents.

While a record type is a significant consideration, a document's format is equally worthy of note. Some records are created or stored electronically and can be viewed online. However, other records can only be inspected and obtained in person.

Determine the Agency Holding the Record and Its Retrieval Requirements

The next step involves identifying the record's custodian. Inquirers must determine if they are looking for a state or local record. With this information, they can verify the custodian's district or location.

For example, requesters must go through the state's Department of Corrections to obtain records about state inmates. On the other hand, county sheriff's offices typically maintain information about inmates detained in county jails.

Records generated by various bodies and agencies may have one outlet for dissemination. For example, some county clerks can be responsible for providing access to documents generated by different arms of local governments, such as courts and county recorders.

Every agency also has its procedures for record access. Some agencies may have online submission portals, while others require mail-in, telephone, or in-person requests. Furthermore, some offices, such as the Illinois Secretary of State's office, also maintain public records indexes. These offer a categorized list of available documents.

In most cases, inquirers must also provide information to facilitate the record search. This may be case information or a case number (for court records), a page number, a city name (for nationwide searches), and birth, death, marriage, or divorce date (for vital records).

Records Request Fees

While many public records are free, some agencies may charge search, retrieval, or copying fees, especially for official and certified documents. The FOIA regulates fee structures to a degree in Section 6 but generally allows every agency to shape its payment policies. Agencies typically outline their fee policies, including cost estimates, in advance. Fee waivers may be available in some cases based on specific criteria.

Find Illinois Public Records Free

Users who want to obtain Illinois public records must pay for copies. Certifying copies also come at a charge. However, individuals who wish to view records to verify their authenticity without obtaining copies can do it for free. Moreover, many agencies and government offices offer resources for viewing public records at no cost.

The following are examples of resources that members of the public can access for free:

Individual in Custody Search: An online portal provided by the Department of Corrections for finding inmates in state custody;
Title and Registration Status Inquiry: Free online portal for checking vehicle details, such as vehicle ownership.
Business Entity Search: The Illinois Secretary of State's portal for verifying businesses registered in the state.
County Resources: Elected county officials and other administrative offices often provide resources to view and inspect public records for free. These records typically include court documents and property information.

What Happens if I Am Refused a Public Records Request?

5 ILCS 140/9 mandates every public body to provide factual and detailed reasons for denying any individual's public records request. The notice of denial will also remind the requester of their right to review the decision and provide the contact information of the body responsible for the review.

This review process involves submitting an appeal with the Illinois Attorney General's Public Access Counselor. The Public Access Counselor is an independent office responsible for reviewing public records denials to ensure compliance with FOIA regulations.

Requesters must submit their review to the office within 60 days after the date of a denied request. A requester's submission must be in writing, show the requestor's signature, and contain a copy of the denied records request from the agency. They must also include the agency's response.

Individuals can also pursue legal recourse if the Public Access Counselor's review does not resolve the denial or if they remain dissatisfied. The requester can file a lawsuit for injunctive or declaratory relief. Legal action is typically initiated in the circuit court for the county where the public body is headquartered or the requester resides. Section 11 of the FOIA contains the procedures for filing the suit.

How Long Does It Take to Obtain an Illinois Public Record?

5 ILCS 140/3 (d) instructs every public body that receives requests to reply to requesters at most 5 business days after receiving the request. They can deny or comply with the request within that period.

However, in Section 3 (e), the FOIA permits the public bodies to extend the response time to five days in specific circumstances.