Illinois Arrest Records

Illinois arrest records refer to written documentation about a person's apprehension by a law enforcement agent in Illinois based on an alleged crime. When arrested in Illinois, a person passes through a booking process in which the arresting agency takes their fingerprints, mugshots, and personal details. Most of the information gathered at this stage is compiled into an arrest report that contains the arrestee's name, age, gender, address, photograph, and charges. Also included are the following:

• Details of the arrest (time, location, etc.)
• Name of the arresting officer
• Details of the offender's release or transfer from the arresting agency's custody

Law enforcement agencies generate arrest records for many reasons, including:

• Legal compliance
• Administrative purposes
• Facilitating prosecution of crimes
• Background checks

Generally, arrest records are maintained by the Illinois State Police (ISP) and local arresting agencies.

Are Arrest Records Public in Illinois?

Yes. Illinois arrest records are public information under the Illinois Freedom of Information Act (FOIA). Per the FOIA, any member of the public can request, inspect, and copy arrest records maintained by state and local government agencies.

However, there are exceptions or restrictions to the state's public access policy. For example, law enforcement agencies will not disclose arrest information if such a disclosure will interfere with an investigation. Other examples of arrest records that may be withheld include:

• Information that may endanger the life of a law enforcement officer
• Certain juvenile arrest records
• Information that can compromise a correctional facility's security
• Booking photographs or mugshots relating to certain offenses

How Do I Look Up Arrest Records in Illinois?

Individuals may look up arrest records in Illinois through the State Police's Bureau of Identification. The agency maintains statewide criminal history information, including arrest descriptions or notations. Upon accessing the Bureau of Identification's website, one can click "Background Checks" in the top menu to perform a name-based or fingerprint-based lookup.

Requesters who choose the name-based option will be directed to the state's Criminal History Information Response Process (CHIRP) web portal to conduct their search. CHIRP is an online system that enables users to access criminal history record information online. CHIRP is only available to registered users who must log in to the platform using their CHIRP ID name and password.

On the other hand, requesters who select a fingerprint-based check must submit the subject's fingerprints to the ISP through a licensed live-scan fingerprint vendor. After processing an application, the ISP will send the report to the requester's indicated address or the place where they ordered the report. The inquirer will receive an encrypted version of the report if the ISP emails the file. Encrypted reports can be read after receiving an online permission certificate and an encryption application.

Individuals who want to see what is on their statewide criminal record, including arrests, should follow the Access and Review Process outlined on the Illinois State Police's website.

The costs for looking up arrest records through the ISP are highlighted in the agency's Fee Schedule.

Since county sheriffs typically maintain complete records of arrests within their jurisdiction, individuals can also find arrest records in Illinois by querying those offices. Some counties provide information on requesting arrest records or criminal history information on their websites. For example, instructions on the Adams County Sheriff's Office website guide requesters to fill out and submit a record requests form by email at recordsrequest@adcogov.org to obtain information about arrests and warrants in the county. The associated fees are also available on the county sheriff's website.

Finally, private citizens can receive nationwide arrest records from the Federal Bureau of Investigation (FBI). The interested person must submit an application, fingerprints, and $18 to the FBI. It typically takes the agency about 13 weeks to process and mail the record to the requester.

Free Arrest Record Search in Illinois

Individuals can access arrest records for free in Illinois through the police department or sheriff's office that made an arrest. State law mandates law enforcement agencies to charge for arrest records so long as they do not exceed the actual copying and reproduction costs or include labor costs for producing the records. As such, individuals can review Illinois arrest records at their respective custodians' offices without charge.

Many law enforcement agencies in Illinois also maintain online databases that allow searchers to access arrest records without paying a dollar amount. For example, individuals can view free arrest records in Chicago using the Chicago Police Department's arrest record search tool on their official website. Data like an arrestee's name, CB number, or charge is needed to start the search.

How Long Do Arrests Stay on Your Record in Illinois?

In Illinois, arrest records remain visible on various criminal justice agency databases for life, except if a record was sealed or expunged. State law mandates the heads of law enforcement departments to establish retention durations for their records, subject to approval by the State Records Commission. The retention period of a record is determined by various factors, including the historical value of the record and how often it is used.

How to Seal Arrest Record in Illinois

Persons who do not want their arrest records in the public domain can apply for sealing or expungement in Illinois. When a record is expunged, it is erased from records held by criminal justice agencies. However, sealed records remain with the state's repository but are inaccessible to the public.

The first step to requesting a sealing or expungement in Illinois is to obtain one's arrest information to determine eligibility. To qualify for expungement, a party must show that they were not charged to court even though they were arrested. If charged to court, one must prove they were not convicted.

Individuals may also qualify for expungement if:

• Their convictions were reversed, vacated, or pardoned.
• At least five years have passed since the completion of their probation periods.
• They were convicted of certain minor offenses and have completed all sentencing terms.

Note that certain offenses like reckless driving, soliciting a prostitute, and dog fighting cannot be sealed in Illinois. Offenses that cannot be expunged include federal criminal cases and minor traffic offenses.

To obtain an expungement or sealing in Illinois, one must petition a court in person, online, or via mail. For in-person applications, individuals must fill and submit an Expungement or Sealing Petition to the clerk of the court where their case was filed. They must also pay the filing fee. Also, parties seeking a fee waiver must file in person.

Illinois counties have various rules for filing expungement or sealing petitions by mail. Generally, one needs to make extra copies of their petition and submit a self-addressed and stamped envelope along with their petition to the court. For online applications, parties are advised to check their local circuit court's website for an online filing option.