Illinois Public Record Law

The Illinois Freedom of Information Act (FOIL) is articulated in Chapter 5 of the state's Compiled Statutes (ILS). Under this Act, all records in the possession or custody of government agencies (public bodies) are presumed to be open to copying and inspection. In other words, the Illinois FOL guarantees access to public records and information in the custody of government bodies upon submitting written requests.

Birth Records
Court Records
Criminal Records
Death Records
Divorce Records
Inmate Records
Marriage Records
Traffic Violation Records

Where Do I Submit a Public Record Request in Illinois?

In Illinois, each government agency is required to have a FOIA officer whose job functions include receiving and processing public record requests submitted to the agency. The state government maintains a FOIA Agency Contact Information list. You will find the name, address, phone number, and email address of each government body's FOIA officer in this list when submitting a public record request.

How Do I Request Public Records in Illinois?

You can take the following steps to make a FOIA request from any government body in Illinois:

  • Identify the government agency in the custody of the sought public record.
  • Look up the agency's FOIA officer's contact information.
  • Prepare your request.
  • Decide how to submit the public record request based on the submission options offered by the public agency and submit it with the applicable fee. An agency's FOIA officer will either accept FOIA requests by mail, fax, email, or online.
  • Once you submit the request, wait for a few days for the agency's response.

A public record request submitted to any Illinois government agency should describe the records being sought and state the name of the party whose record is being sought (where applicable). It should specify the purpose of the request and whether you want copies of that record or prefer to inspect it in person. In addition, the request should include your name, mailing address, email address, and preferred telephone number.

In addition to submitting a request directly to government bodies, some Illinois public records may be accessed on credible third-party sites. Whether obtaining copies of an Illinois public record or inspecting it, you may be required to provide a valid government-issued photo ID, depending on the type of public record you seek.

What Records are Public in Illinois?

Illinois public records are classified into several categories, but the frequently requested ones include the following:

  • Law Enforcement Records - These include records of arrests, charges, bails, and investigative files maintained by law enforcement agencies at the state and local levels in Illinois. Others are inventory, payroll records, forensic services laboratory records, training records, and crime scene photographs.
  • Legal/Court Records - These are records of all legal proceedings within the state's court system and are maintained by the Circuit Courts and Court of Claims. They include civil case records, criminal records, probate records, bankruptcy filings, case files, jury records, court rules, judgments, and transcripts.
  • Property Records - These records are maintained by the offices of county recorders across the state, and they include deeds, property tax records, land use permits, and mortgages.
  • Government Financial Records - These include records of government expenditure, revenues, gadgets, and audited financial statements at all levels of government.

Who Can Request Public Records in Illinois?

As stipulated in the Illinois Freedom of Information Act, all persons have the right to access public records in the state. These include individuals, partnerships, organizations, associations, firms, or corporations, acting individually or as groups.

What Is the Response Time for Public Records Requests in Illinois?

In Illinois, an agency's FOIA officer is expected to respond to a public record request submitted to their agency within 5 working days of receiving the request unless the timeline is properly extended. Depending on the nature of a request, a public body may take some additional days, usually between 5 to 21 working days, to process a public record request in the state. This extension must be communicated to the requestor in writing.

What Is the Fee Charged for Providing Copies of Public Records?

Per 5 ILCS 140/6, the fee charged for black and white, legal, or letter-sized copies of public records in Illinois may not exceed $0.15 per page. Some agencies waive this charge for the first 50 pages of any requested public document/record.

Anyone requesting voluminous electronic records of public documents may be charged up to $100, depending on the size. In addition, state law allows public bodies to charge up to $10 for every hour spent by their employees trying to locate and retrieve requested public records.

What Records Are Exempted Under the Illinois Public Law?

Certain records are exempt from public disclosure in Illinois. These are outlined in 5 ILCS 140/7, and include the following:

  • Private information, unless disclosure is otherwise required by a court order or any other law or provisions of the FOIA
  • Financial information and trade secrets
  • Law enforcement records created to enforce the law
  • Any personal information contained in public records whose disclosure would constitute an undue invasion of privacy
  • Any record relating to the security of detention facilities and the Department of Corrections
  • Protected health information