Illinois Criminal Records

Based on the latest crime data, Illinois is estimated to have a violent crime rate of 2.87 per 1,000 residents and an overall crime rate of 19.70 per 1,000. Illinois criminal records are official documents that detail an individual's interactions with law enforcement, and the state's criminal justice system in general.

These records, which include arrest reports, warrants, court dispositions, sentencing information, and incarceration records, are maintained by several state and local agencies, including police departments, sheriff's offices, trial courts within the Illinois court system, and the Illinois Department of Corrections. However, the Illinois State Police (ISP) serves as the central repository for criminal records in Illinois and is charged with providing interested parties access to this information upon request.

Are Criminal Records Public in Illinois?

Criminal records in Illinois are generally considered public records and may be accessed by interested parties, per the state's Freedom of Information Act and Uniform Conviction Information Act. However, access to these records may vary by record type.

For instance, while criminal court records are typically available to anyone, juvenile and sealed records are considered confidential and restricted to authorized parties, including law enforcement and the subject of the record. Likewise, while arrest information and conviction records are usually public, access to non-conviction records (arrests that resulted in an acquittal or not-guilty finding, or where no charges were filed) is restricted.

How To Look Up Criminal Records in Illinois?

The Illinois State Police (ISP) offers interested parties access to criminal records via two methods:

• Fingerprint-Based Background Checks: these offer requesters a comprehensive statewide criminal history transcript, and require the electronic submission of fingerprints to the ISP via a licensed live scan fingerprint vendor. Note that these checks require the consent of the person.
• Name-Based Background Checks: these may be performed via the ISP's Criminal History Response Process (CHIRP) platform. Name-based background checks do not typically require the consent of the person being looked up; however, they are less comprehensive than fingerprint-based checks. Note that you will need to create an account to utilize the CHIRP platform. This typically involves two registrations, one for encryption purposes and the other to enable you to fully access the platform. To this end, the ISP provides a user guide that may be useful in navigating the process.

Background checks via the ISP typically cost between $10 - $20 per request, depending on the type of check and whether you require paper documents or electronic copies, and requests are typically processed within two weeks. You may direct inquiries to the ISP's Bureau of Identification at:

How To Search Illinois Arrest Records?

Arrest records in Illinois are typically created at the municipal level when a local police department or county sheriff's office takes a person into custody. Note that arrest records are also created whenever the Illinois state police effects an arrest as well.

A typical Illinois arrest record contains the following details:

• The name, age, and address of the arrestee
• The arrestee's physical description
• The time and location of the arrest
• The name of the arresting agency
• Information detailing any charges related to the arrest

Illinois arrest records are maintained by the law enforcement agency that made the arrest; as such, you will typically need to contact the specific agency directly to access these records. This usually involves submitting a written request, either in person, online, or via mail, and paying any stipulated search and/or copy fees. Some local law enforcement agencies in Illinois also offer online databases (usually hosted on their official websites) that offer limited access to adult arrest information for their respective jurisdictions.

How To Search Illinois Warrants?

Warrants in Illinois are legal documents that authorize law enforcement to carry out a specific action, such as making an arrest, conducting a search, or compelling someone to appear in court. These warrants are typically issued by judges, and they include:

• Arrest Warrants: these authorize the arrest of a person suspected of committing a crime and are issued based on probable cause.
• Search Warrants: these authorize law enforcement to search a specific location for evidence related to a specific crime.
• Bench Warrants: these are issued when a person fails to show up for a scheduled court hearing or comply with a court order.

Arrest and bench warrants in Illinois do not expire; they remain active until the suspect is apprehended or the court recalls the warrant. However, search warrants must be executed within 96 hours of being issued; otherwise, a new warrant must be obtained.

You can typically get warrant information by contacting the circuit clerk's office in the county where the warrant was issued. Many counties also provide online databases (usually through police department and sheriff's office websites) that you may use to search for active warrants issued within their respective jurisdictions. Be aware that access to certain warrant information may be restricted if it is deemed that providing this information will interfere with an ongoing investigation.

Can I Obtain an Illinois Criminal History Record of Another Person?

You may access another person's criminal history record information in Illinois through the Illinois State Police (ISP). However, per the state's Uniform Conviction Information Act, this access will be restricted to "conviction information" contained in the record. This includes records of the arrest (that led to the conviction), the charges filed, sentences and/or fines imposed, and related parole, probation, or release information. Be aware that, if the guilty judgment is reversed or vacated, this information becomes "non-conviction information", and will no longer be publicly accessible.

You may obtain copies of criminal history records from the ISP by submitting a fingerprint-based request to the agency (this requires the person's consent and is recommended for employers, licensing agencies, and housing providers) or running a name-based search via the ISP's CHIRP platform. You will be charged a fee for each request submitted - this typically ranges from $10 - $20, depending on the specifics of your request.

Additionally, many counties provide free online access to records of criminal cases filed within their respective jurisdictions. However, it should be noted that criminal court records obtained online are usually not considered official records. To obtain these, you will typically need to submit a written request to the county's circuit clerk.

How To Expunge or Seal Illinois Criminal Records

In Illinois, you may clear your criminal record through sealing or expungement. Expungement permanently erases the record - making it like it never existed, while sealing hides the record from the public; however, it will remain accessible to law enforcement (certain employers may also retain access to sealed felonies).

All arrests that did not result in a conviction may be sealed or expunged. However, convictions are typically ineligible for expungement, unless reversed, vacated, pardoned by the governor, or approved (for expungement) by the state's Prisoner Review Board. Notwithstanding this, certain cannabis-related convictions may be expunged under the Illinois Cannabis Regulation and Tax Act.

Similarly, most offenses may be sealed, excluding minor traffic offenses (unless you were released without being charged), driving offenses, sexual offenses, domestic battery, protection order violations, animal offenses, and new felony convictions after your records have been sealed.

Getting your criminal records sealed or expunged in Illinois generally involves the following steps:

• Get a copy of your criminal records.
• Review your records to determine if the offenses qualify for the process. Check for arrest dates, charges filed, case dispositions, and sentence completion dates. Note that most offenses may only be sealed after a stipulated "waiting period" has passed since you completed the sentence. You also cannot clear your records if you have any pending charges or uncompleted sentences.
• Complete the appropriate forms.
• File these forms with the court that handled the case. Depending on the jurisdiction, you may be required to attach supporting documentation, such as copies of your court dispositions. If you have records emanating from more than one county, then you must file separate sealing/expungement requests in each of these counties.
• Wait for a response. Relevant agencies are typically notified about your request and have 60 days to file an objection.
• Attend any scheduled court hearings. In some cases, the court may review your request without a hearing.

Once the court is done with the review, it will issue an order stating whether the request was granted or denied. It is recommended that you keep a copy of this order carefully if your request is granted, as it may be difficult to get another one once your records are sealed or expunged.

What Are the Limitations To Use of Criminal Records for Employment, Licensing, and Housing in Illinois?

Under the Fair Chance Act, federal agencies and contractors are prohibited from asking job applicants about their criminal history information before making them a conditional job offer. Locally, the Illinois Humans Rights Act offers similar protections against discrimination based on criminal records in employment, housing, and licensing decisions by providing certain limitations on the use of criminal information. These include restricting employers from having blanket policies that bar individuals with arrest or conviction records from employment. Instead, they must determine that the records substantially relate to the role being sought or that hiring the person poses an unreasonable risk to property and public safety/welfare.

Similarly, housing providers are restricted from denying housing based solely on criminal history, particularly in cases involving non-conviction arrests, juvenile records, and sealed records (exemptions may be made for offenses that pose a risk to public safety). Licensing boards are also generally required to assess the severity and relevance of the offense, as well as evidence of rehabilitation when considering criminal history.

Can I Access Illinois Criminal Records for Free Online?

Many private online databases claim to offer access to criminal records, sometimes for a small fee. However, the information they provide might not always be reliable or current. It is recommended that you use official resources like the Illinois State Police's CHIRP platform to access this information. Alternatively, reputable third-party sites like IllinoisPublicRecords.us, which aggregate data from trusted public and private sources, may also help access Illinois criminal records online.