Franklin County Arrest Records

Under Section 102-5 of the Illinois Compiled Statutes, an arrest is defined as taking someone into custody. Section 107-2 of these statutes authorizes peace officers in Franklin County to make an arrest if they:

• Have a warrant,
• Have reasonable grounds to believe a warrant has been issued or
• Have reasonable grounds to believe the individual is committing or has committed an offense.

Similarly, Section 107-3 permits private individuals to make a citizen's arrest if they have reasonable grounds to believe the person is committing or has committed an offense.

Arrests are necessary to ensure public safety, prevent further criminal activity, and bring individuals before the court to determine guilt or innocence. Those arrested are typically held at the Franklin County Detention Center in Franklin County. The arresting agency—whether the Franklin County Sheriff's Office or a local police department—generates the arrest records.

An arrest record only indicates that someone has been taken into custody and does not determine guilt or innocence. To learn about the legal outcome of an arrest, interested persons may review Franklin County Court Records. These records provide details of court proceedings, such as the charges filed, hearings, and the final judgment.

Are Arrest Records Public in Franklin County?

Yes. Under Illinois Compiled Statutes 140/1.2, all records in the custody of a public body are presumed open for inspection or copying. However, certain information in arrest records may be withheld from public view, including:

• Juvenile arrest records
• Expunged records
• Information that could compromise an ongoing investigation
• Confidential personal information (e.g., social security numbers, addresses)

What Do Public Arrest Records Contain?

According to Illinois Compiled Statutes 140/2.15, typical information in a Franklin County arrest record includes:

• Arrestee identification information: Name, age, address, and photograph
• Details about the charges: Information related to the offense(s)
• Time and location of the arrest
• Name of the investigating or arresting law enforcement agency
• Date and time the individual was received into, discharged from, or transferred from the agency's custody

Franklin County Arrest Statistics

The Illinois State Police's Crime in Illinois Online database features both offense and arrest reports. According to the 2023 Arrest Distribution Report, Franklin County recorded 98 arrests that year. The most frequent offenses were:

• Shoplifting: 35 arrests (35.7%)
• Drug/Narcotic Violations: 10 arrests (10.2%)
• Simple Assault: 7 arrests (7.1%)

Other notable arrest categories also included larceny, destruction/damage/vandalism of property, false pretense/swindle/confidence game, and trespass of real property.

Find Franklin County Arrest Records

Requesters can use the Illinois State Police Bureau of Identification's resources for background checks to look up information about arrests and inmates in Franklin County. The bureau offers both Name-based and Fingerprint-based Background Checks.

Name-based Background Checks

Interested persons may obtain Franklin County arrest records by performing a name-based background check through the Criminal History Information Response Process (CHIRP). Record seekers will need to register before performing the search. To engage in the arrest search process, the requester should provide personal information about the arrested person or the arrest, including the arrest's name, date of arrest, or location.

Fingerprint-based Background Check.

Record seekers may also perform a fingerprint-based background check through the CHIRP for Franklin County Arrest records. Requesters are to submit fingerprints electronically to the ISP through a fingerprint vendor licensed by the Illinois Department of Financial and Professional Regulation. Upon processing the fingerprint, the ISP would send the requested arrest records to the requester's address.

Free Arrest Record Search in Franklin County

Some third-party websites aggregate public records from official sources and may provide free access to Franklin County arrest records.

How Long Do Arrests Stay on Your Record?

In Franklin County, arrests that lead to a conviction remain permanently on the individual's record.

Expunge Franklin County Arrest Records

Expungement is removing or concealing arrest records. Illinois Compiled Statutes Section 5.2 captures the specific circumstances under which affected persons may request their arrest records to be expunged. These include:

• When an arrested person is released without being charged to court.
• When the charges against an arrested person are dismissed, or the person is acquitted, or a convicted but later vacated
• When the arrested person completes the court, an order of supervision is issued as a result of the arrest.
• When the arrested person is prohibited as a first offender.
• When the arrested person receives a Prison Review Board-approved pardon from the state governor.

Eligible persons may request an expungement process by filing the Request to Expunge & Impound and/or Seal Criminal Records form to the Franklin County Court along with the Notice of Filing for Expungement and/or Sealing. This can be done in person, by mail, or through electronic filing. The petitioner would need to visit the Franklin County courthouse to file an in-person request to the clerk to get stamped and signed copies of the forms. Mail submission requires a self-addressed and stamped envelope that helps the clerk send the stamped copies back to the petitioner. Electronic filing is necessary for arrest records with no court case filed, requiring the petitioner to create an account with an e-filling service provider to submit their expungement request through e-filing.

Upon the petition's approval, the judge fills out the second page of the Order Expunge & Impound and/or Seal Criminal Records form, highlighting the arrest records that were approved for expungement. If the petition is denied, the judge fills out the Order Denying Request to Expunge & Impound and/or Seal Criminal Records form to highlight the denied expungement request.

Franklin County Arrest Warrants

Per 725 ILCS 5/107-1(a), arrest warrants are formal documents issued by the court that give law enforcement the authority to make an arrest. They ensure arrests are based on sufficient evidence and judicial oversight.

As stated in (725 ILCS 5/107-9)(b-5) of the same statute, the court issues an arrest warrant when there is probable cause to believe that a person has committed an offense. This probable cause is established by the court after examining a sworn complaint and any sworn witness testimony. Per (725 ILCS 5/107-9)(d), arrest warrant contain:

• The biodata of the arrestee
• The nature of the offense.
• The date of issuance and the location where it was issued.
• The conditions of pretrial release, if any.

Do Franklin County Arrest Warrants Expire?

No. Franklin County arrest warrants remain active until the individual is apprehended or until the court recalls the warrant.