Illinois Court Records

The Illinois court system is structured into three primary levels: the circuit courts, the appellate court, and the Supreme Court. These courts handle over 1.4 million cases annually.

Circuit courts in the state serve as the trial courts of original jurisdiction in Illinois. There are 25 judicial circuits across the state, each encompassing one or more of Illinois' 102 counties. These courts have general jurisdiction, meaning they can hear almost any type of case, including civil, criminal, probate, and juvenile matters.

Next in the Illinois court structure is the Illinois appellate court. This court functions as the intermediate court of appeals and reviews decisions from the circuit courts in the state to ensure the correct application of law. Some of the records generated in this court include written opinions, which can be published or unpublished, serving as precedents for lower courts.

At the apex of the Illinois court structure is the Supreme Court. The court has limited original jurisdiction but holds the final appellate authority in the state's judicial system. It primarily addresses cases involving constitutional issues, matters of significant public interest, and discretionary appeals from the appellate court. Additionally, the Illinois Supreme Court also oversees the administration of the state's judicial system.

What Are the Types of Court Records In Illinois?

Illinois has a structured state court system comprising the supreme court, intermediate appellate courts, and the circuit courts. Each court in Illinois has a clerk who is responsible for maintaining its court records. Official court records are preserved in physical paper files stored at the courthouse or designated clerk's archives. These records document legal proceedings, rulings, and case judgments, providing a comprehensive history of cases handled by the courts.

Records maintained by the clerk of each court in the Illinois court system include:

• Supreme Court: The types of records maintained by the Supreme Court include:
• Opinions and Orders: Final written decisions issued by the Supreme Court in appealed cases.
• Docket Sheets: A chronological record of all filings, motions, and actions taken in a case.
• Attorney Disciplinary Records: Documents related to complaints, investigations, and disciplinary actions against attorneys.
• Rules and Administrative Orders: Court rules, procedures, and directives governing the judicial system
• Appellate Court
• Appellate Opinions: Written decisions and legal reasoning for each case reviewed by the court.
• Case Briefs: Legal arguments submitted by both parties in an appeal.
• Transcripts of Circuit Court Proceedings: Records of testimony, arguments, and rulings from the original trial court case.
• Docket Information: A log of case filings, motions, and appellate decisions.
• Motions and Orders: Documents detailing procedural requests and rulings within an appeal.

• Circuit Courts
• Criminal Case Records
• Arrest Records: Documentation of arrests, charges filed, and related court actions.
• Indictments and Complaints: Formal charges filed by prosecutors against defendants.
• Plea Agreements: Records of negotiated agreements between defendants and prosecutors.
• Trial Transcripts: Official records of proceedings, witness testimonies, and verdicts.
• Sentencing Orders: Documents outlining penalties, probation terms, or prison sentences.
• Civil Case Records
• Lawsuit Filings and Complaints: Documents filed to initiate a civil case.
• Motions and Responses: Requests submitted to the court by parties in a case.
• Judgments and Orders: Final rulings issued by the court on civil disputes.
• Settlement Agreements: Official records of agreements reached between parties.
• Family Law Case Records
• Divorce Decrees: Finalized judgments in divorce cases, including custody and alimony details.
• Child Custody Orders: Legal determinations regarding parental rights and custody arrangements.
• Adoption Records: Sealed case files related to child adoption proceedings.
• Protective Orders: Legal documents granting protection in domestic violence cases.
• Probate Court Records
• Wills and Estate Records: Documents related to the distribution of a deceased person's assets.
• Guardianship Records: Court-approved arrangements for minors or incapacitated individuals.
• Trust Administration Records: Legal filings associated with estate trusts.
• Traffic and Municipal Court Records
• Traffic Citations: Records of moving and non-moving violations.
• DUI Case Files: Documents related to driving under the influence charges.
• License Suspensions and Revocations: Court-ordered restrictions on driving privileges.
• Small Claims Court Records
• Claim Filings: Initial lawsuits filed for disputes involving small amounts (up to $10,000).
• Judgments: Final rulings on small claims disputes.

Are Illinois Court Records Public?

Most Illinois court records are public under the state's Court Record and Document Accessibility Act. This Act was formulated to ensure the public is informed on judicial decisions and actions and that the operations of the judicial system in the state remain transparent to every individual. According to the Act, all records and documents of Illinois courts are presumed to be accessible unless otherwise specified by rule, statute, or court order.

However, some types of records are not open to the public. These include sealed records, confidential information contained in public records, expunged records, and impounded records. Illinois courts may withhold certain records or portions of them from public access to protect privacy, confidentiality, or sensitive information. Examples include records involving minors, cases of sexual assault, adoption proceedings, and certain law enforcement records. Additionally, records that may compromise personal privacy or security may be exempt from disclosure.

How Do I Search Illinois Court Records?

The judicial system in Illinois provides multiple sources for the public to access court records. Individuals may search for these records either online or through in-person visits to the appropriate courthouse.

The state provides a Re:SearchIL system that allows legal professionals and courts to search all 102 Illinois counties for case information and documents online. To use the Re:SearchIL system, you must be registered on the site.

If you are not a legal professional, you may access court records online via the website of the court where the case was filed. Many Illinois courts have websites that allow users to access court records. To retrieve court records, typically, you will need the following:

• Case number
• Party names
• Date of filing
• Type of case

Offline access to Illinois court records is available at the office of the court of the clerk.

How To Retrieve Court Records Offline

If you need a certified copy of Illinois court records, you must visit the office of the clerk of the court where the case was held. The office of the clerk in that court is responsible for maintaining records maintained by the court and can provide certified copies upon request.

When visiting the clerk's office, you will need to provide certain information to help the office locate the records:

• Case Number
• Party Names
• Date Range
• Type of Case

Note that the processing time for copying and certifying court records may vary depending on the volume of requests and the specific clerk's office. Typically, if you want a certified court record, it may take up to 15 business days to process your request.

Fees for copying and certifying court records also vary by county. Generally, you can expect to pay a nominal fee for photocopies and an additional certification fee. For example, McHenry County and Cook County charge $2 for the first page, $0.50 per page for pages 2-20, and $0.25 per page for pages 21 and beyond. An additional $6.00 fee applies per certification.

Can I Seal or Expunge an Illinois Court Record?

Under Illinois law, some records are eligible to be expunged or sealed, thereby removing such records from the criminal history records of the record owners or accessibility to the public. Expungement in Illinois means that law enforcement agencies in the state will physically destroy the records and remove the record owner's name from the official index or public record. On the other hand, sealing means the records will be made unavailable to the public without a court order. However, prosecutors and police agencies may continue to have access to sealed records.

The state outlines specific criteria to qualify for expungement or sealing. The following types of offenses may be expunged in Illinois:

• Arrests for misdemeanors and felonies that did not lead to a conviction
• Sentences of qualified probation, only if 5 years have passed since you successfully finished your qualified probation.
• Convictions for misdemeanors and felonies if only one of the following applies:
• The conviction was reversed or vacated.
• You received a Governor's pardon specifically granting expungement for all convictions on your record.
• As an Honorably Discharged Veteran, you obtained a Certificate of Eligibility for Expungement from the Prisoner Review Board, allowing the removal of all convictions.
• The conviction qualifies under the Illinois Cannabis Regulation and Tax Act (410 ILCS 705) as an eligible misdemeanor or Class 4 cannabis offense.
• Sentences for court supervision only if:
• Two years have passed since you successfully finished your court supervision, except for the offenses listed directly below; OR
• Five years have passed since you successfully finished your court supervision for:
• Domestic battery
• Criminal sexual abuse (victim was 18 or older)
• Operation of an uninsured vehicle
• Operation of a vehicle when its registration is suspended for noninsurance display of false insurance card
• If you are 25 or older, your reckless driving supervision occurred when you were under 25, and you have no other convictions.

All misdemeanor and felony records are eligible for sealing in Illinois, except those relating to:

• Domestic battery and violations of orders of protection and stalking no contact orders.
• Violations of the Humane Care for Animals Act
• Most sex crimes, except prostitution and misdemeanor public indecency.
• Driving Under the Influence, reckless driving, except for youthful offenders

Upon verifying that you are eligible for expungement or sealing, you may follow this process to file your petition:

• Obtain Your Criminal Record: Request a copy of your criminal history from the Illinois State Police or the court.
• Complete Necessary Forms: Fill out the required petition forms for expungement or sealing, available on the Illinois Courts website.
• File the Petition: Submit the petition to the clerk of the circuit court in the county where the case was handled.
• State's Attorney Review: The prosecutor's office will review and may object to the request. The State's Attorney Office (SAO) has 60 days to review your expungement or sealing petition. They will either file an objection or a non-objection. If they object, you will receive a notice with a court date for a hearing. If they do not object, your case will be scheduled for a non-objection hearing, which you do not need to attend.
• Court Hearing (if required): Some cases require a hearing where a judge decides whether to approve or deny the request.
• Order Granted or Denied: If granted, the court issues an order directing agencies to seal or expunge the record.

Filing fees for expungement and sealing vary by county but generally range from $60 to $160. For instance, it costs $151.50 to file an expungement or sealing petition in Cook County. However, fee waivers may be available for individuals who demonstrate financial hardship.

How To Search Federal Court Records in Illinois

Illinois has three federal courts which are the U.S. District Courts for the Southern Central, and Northern districts of Illinois. The three federal courts handle matters relating to the violation of federal laws in Illinois as well as cases relating to immigration, bankruptcies, patents, and antitrust matters.

Federal case files in Illinois may be accessed through the Public Access to Court Electronic Records (PACER) system and by visiting the respective Clerk of Court's office. To use PACER to access court records online, you must create an account on the system. Searches on the system may be performed using options such as party name, case number, or case filing date. Note that PACER charges $0.10 per page, capping at $3.00 for documents over 30 pages. Viewing case information, such as docket entries, incurs the per-page fee.

If you prefer offline access, follow these steps:

• Visit the Clerk's Office: Go to the Clerk of Court's office in the district where the case was filed. The northern district is headquartered in Chicago, the central district is based in locations such as Peoria, Urbana, and Springfield, and the southern district has courthouses in Benton and East St. Louis.
• Provide Case Details: Supply relevant information, such as case numbers, party names, and filing dates, to assist the clerk's office in locating the records.

How To Get Illinois Court Records Online for Free?

Members of the public may access Illinois court records online for free through both official court websites and third-party databases. The Illinois judiciary provides online access to certain court records through the websites of the courts in the jurisdiction where cases are filed. However, availability may vary depending on the court and the type of case. Legal professionals may use the state's centralized database to access court records via the Re:SearchIL system. Federal records in Illinois may be obtained via the PACER system.

In addition to official state portals, third-party databases also offer an accessible way to retrieve court records. Websites like peoplerecords.us aggregate data from multiple sources, providing a broader and more convenient search option.