Illinois Arrest Records

Illinois arrest records are documents created when law enforcement takes an individual into custody on suspicion of committing a crime. An arrest may occur after a police officer directly witnesses an individual committing a crime, or there is reasonable proof to make the individual a person of interest in a criminal investigation. In such events, local law enforcement agencies, such as the Cook County Sheriff's Office, the Chicago Police Department (CPD), and DuPage County Sheriff's Office are typically responsible for maintaining arrest records.

Following an arrest, the police officer takes the suspect to a facility, usually a local jail, where they will detain them pending their booking into the Illinois criminal justice system. Here, law enforcement creates the Illinois arrest record that features information about the suspect, events leading up to the arrest, and the charges that will lead to the initial arraignment. When the suspect appears before a judge to enter a plea, the court decides whether to grant bail pending trial. All the court-generated information during this process, from arrest to initial arraignment, will be part of the individual's arrest record.

Are Arrest Records Public in Illinois?

Yes, according to the Illinois Freedom of Information Act, arrest records are public unless restricted by law or court order. However, the provisions of the Act are not absolute. Some arrest records are typically exempted from public access, particularly if they contain information that could jeopardize the safety or privacy of an individual (5 ILCS 140/7). Similarly, the provision under the Illinois FOIA does not apply to juvenile arrest records (individuals below 18 years). Only the subject, public entities authorized by the law, or third parties with judicial orders may access restricted arrest records.

In addition, if releasing an arrest record will compromise the integrity of an active police investigation or criminal justice proceedings, the law authorizes the custodian agency to restrict access to it. If the custodian is compelled to release the record, an administrative staff member will review the entire record and redact confidential details.

Illinois Arrest Statistics

According to data from the National Incident-Based Reporting System (NIBRS), Illinois law enforcement agencies reported a total of 168,232 arrests in 2023. In that year, authorities arrested 13,755 minors and 154,477 adults for various offenses in Illinois. The arrest figures comprised 122,714 males and 45,195 females.

Additionally, FBI data shows that simple assault, DUI, drug-related violations, and larceny were the most prevalent arrestable incidents in Illinois in 2023, with the following numbers:

• Simple assault: 33,259 arrests
• DUI: 18,551 arrests
• Drug/narcotic violations: 15,961 arrests
• Larceny: 15,151 arrests.

Find Public Arrest Records in Illinois

Finding arrest records in Illinois involves contacting the record custodian to request a copy of the arrest record or using the agency's online resources. While the process for obtaining these records may vary with custodian agencies, the following steps are similar across the board:

• Determine the record custodian
• Contact the record custodian
• Submit a record request
• Pay the applicable fees.

Determine the record custodian:

The arresting agency is usually the record custodian. This is often the Sheriff's Office or the municipal police department. However, it may also be the jail or prison facility where the suspect was processed or booked into the criminal justice system. This is usually the case when the arresting agency is the state police department or a federal law enforcement agency.

Contact the record custodian:

Upon identifying the record custodian, the requester may need to contact the agency to inquire about its public records request procedure. Usually, this information is available on the agency's official website, or the information seeker can contact them through call, mail, or other means for specific information. Generally, record custodians provide requesters with three options:

• Searching an online arrest log
• Sending a mail request
• Visiting the office in person to access records.

Submit the record request:

Online record searches are typically processed immediately, and the requested information may be available within seconds. However, for mail-in requests, the information seeker should:

• Write a letter and provide sufficient details to facilitate a record search
• Include a self-addressed envelope. Next, the requester should enclose the application packet (including the letter, payment for proof of payment for applicable fees
• Mail the request to the custodian agency.

For an in-person record request, the requester needs to schedule an appointment with the record custodian (some custodians support walk-ins without a prior appointment), visit the office, and provide the necessary details to facilitate a search for the arrest record after paying the applicable administrative fees (usually copying fees if the requester wants physical copies of the arrest record).

Obtaining Restricted Arrest Records in Illinois

In Illinois, restricted arrest records usually contain sensitive information. Hence, their custodians cannot publish them on public platforms or provide the records to unauthorized persons. Restricted arrest records are only accessible to legally authorized entities and individuals with court orders. Non-legally authorized individuals seeking Illinois restricted arrest records need to petition and obtain judicial orders from courts of competent jurisdiction. This is usually the Circuit Court in the jurisdiction where the arrest happened. The Circuit Court Clerk's Office will provide the necessary information and steps the petitioner should follow. Otherwise, the requester may need to seek professional legal services.

When petitioners seek access to restricted records, the court considers several factors, particularly whether the requester's need to access that record outweighs the protection of confidentiality. If the petition is successful, the court issues an order notifying the record custodian of its decision and the terms for granting access to the petitioner. The requester is required to attach a copy of the order to the record request application packet. However, the court may outrightly deny access to sensitive details or grant limited access. In the latter, the record custodian will redact the non-public content of the documents before granting access.

What is Included in Illinois Arrest Records?

According to Section 2.15(a) of the Illinois FOIA, arrest records contain the following information:

• Personally identifying information about the suspect, including full name, aliases, age, and address;
• Mugshots
• Details of the charges relating to the arrest;
• The arrest location and time
• The name of the investigating or arresting law enforcement agency;
• The suspect's incarceration or custody status
• Booking details, including the time and date when the individual was received into, discharged from, or transferred from the arresting agency's custody.

How to Lookup Arrest Records Online in Illinois

Illinois public arrest records are accessible through local and state law enforcement agencies' online databases. To find an Illinois arrest record, visit the custodian agency's website and look for a link leading to the arrest records database (Jail Roster or Arrest Log). Sometimes, this link will be visible in a side menu, navigation bar, or shortcuts at the bottom of the page. For example, the Cook County Sheriff's Office maintains an Individual in Custody Log.

Similarly, the Illinois Department of Corrections also maintains an online portal, Individuals in Custody, where the public may find the arrest records of persons in a state facility. When searching for an Illinois arrest record online, searchers are required to provide the arrestee's last and first name to facilitate a search. Alternatively, they may use a unique identification number (if available). Unlike a name-based search, using an inmate ID is more efficient because it makes the search more streamlined.

Illinois arrest records may also be accessible through third-party websites. These independent platforms aggregate documents from various sources and make them available to interested individuals. However, these online repositories are not official sources. Hence, there is no guarantee of the accuracy or completeness of their records. Information seekers can also contact local authorities and request access to arrest records within their jurisdictions.

How Long Do Arrests Stay on Your Record in Illinois?

In Illinois, arrest information typically stays permanently on records unless the subject files for an expungement (erasing) or sealing (hiding). Generally, arrest records that may be eligible for sealing or expunction include those that did not result in a conviction or where the prosecution did not file charges. In addition, if an arrest results in a conviction but the sentence was later reversed, or the individual receives a pardon, the record may be eligible for an expungement or sealing.

Expunge an Arrest Record in Illinois

The Illinois judiciary provides a systematic guide for applying for an expungement or sealing of arrest/criminal records. While it is possible to apply for an expungement or sealing pro se, it is advisable to seek legal guidance. The following steps apply to the expunction of arrest records in Illinois:

• Obtaining copies of the criminal record (which contains the arrests)
• Reviewing the criminal record for arrests that are eligible for sealing or expungement
• Completing the necessary court forms
• Filing the completed form at the Circuit Court
• Attending the court hearing (if necessary).

Obtaining copies of one's criminal record is important because it details the chronological history of all arrests and prosecutions. This record is available through the Illinois State Police, although it can be obtained from the local law enforcement agency.

Obtain and review the criminal record, and check for cases eligible for sealing or expungement. The Expungement Instruction Sheet contains a list of offences that may qualify for sealing and expungement and the requirements the petitioner is required to fulfill.

If the arrest record is eligible for expungement, fill out a Request to Expunge or Seal the Criminal Records Form using the instruction sheet as a guideline.

File the Expunge or Seal the Criminal Records Form with the appropriate Circuit Court Clerk's Office (typically the Circuit Court where the arrest happened). Petitioners with several arrests in different counties should apply to each county. Most courts support e-filing, mail, and in-person filing of the request form and may schedule hearings before deciding on the expungement/sealing request.

If a petition is successful, the court will send a copy of the expungement order to every law enforcement agency listed as custodian of the arrest record. The agency will process the expungement or sealing within 60 days. If the expungement application is denied, the petitioner is required to file a notice of appeal within 30 days.

How Do I Find Recent Arrests in Illinois?

Local law enforcement agencies in Illinois typically publish logs of recent arrests on their websites. For instance, interested persons may visit Sheriff's Offices, police departments, or county jail websites to find records relating to recent arrests. Likewise, the Department of Corrections maintains a record of recent arrests by state or federal law enforcement agencies. This information is also available online on the Department of Corrections website.

Are Illinois Arrest Records Free?

Yes, access to Illinois arrest records through their custodians' websites may be free. This includes arrest records at local sheriff's offices, police departments, county jails, or the Department of Corrections website. However, if an individual chooses to visit the record custodian's office in person or sends a mail request to obtain arrest records, they may incur service fees (5 ILCS 140/6). These fees cover the cost of duplicating the records.

Additionally, individuals who are unable to afford the costs for accessing copies of Illinois arrest records can request fee waivers from the record custodian. To get a fee waiver for accessing an arrest record, contact the custodian of the record. Record custodians review fee waiver requests on a case-by-case basis. Hence, requesting a waiver does not guarantee free access; the requester needs to demonstrate a need or an inability to pay for the sought record without aid.