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Kane County Arrest Records
In Kane County, police officers are authorized to make an arrest when there is probable cause to believe the person has committed a criminal act. A police officer may also arrest a person when there is a warrant for an arrest issued in the state or another jurisdiction (725 ILCS 5 Sec. 107-2).
Once arrested, the individual will be taken into police custody. There, the suspect may be formally charged and booked into the county jail. However, if the arresting officer determines there is no probable cause to detain the suspect, the person may be released without any charges filed.
When booking a suspect, law enforcement creates an electronic or paper arrest card containing information like the arrestee’s photographs, fingerprints, age, gender, race, and charges. Some of the information compiled at this stage may be found in Kane County court records.
Are Arrest Records Public in Kane County?
Yes. Per the Illinois Freedom of Information Act (5 ILCS 140/2.15), all arrest records generated within the state or county are ready for the public to view and make copies.
However, not all information in arrest records is available to the public by order of the county court or state constitution. Some of this information is sensitive and, if released, may pose a danger to the parties, businesses, or investigations involved. According to 5 ILCS 140/7, the following information should be exempt from public viewing, inspection, and copying:
- Files or documents containing information about the identity of any victim of child abuse or human trafficking
- Information that may show the identity of a victim or witness
- Information on juvenile offenders.
What Do Public Arrest Records Contain?
According to Sec. 2.15(a) of the Illinois FOIA, public arrest records contain the following information:
- Information that identifies the suspect, including full name, age, address, and photograph
- Details of the charges relating to the arrest
- Time and location of the arrest
- The name of the investigating or arresting law enforcement agency
- Offender custody status
- Booking details, including the time and date when the individual was received into, discharged from, or moved from the arresting agency's custody.
Kane County Crime Rate
Based on the 2020 Annual Uniform Crime Report from the Illinois State Police, Kane County law enforcement recorded 7,264 index crimes in 2020. The most reported crimes were theft (5,064), aggravated assault (819), burglary (625), and motor vehicle theft (366). Compared to 2019, when law enforcement recorded 5,678 index crimes, the crime rate in Kane County grew by 28%.
Kane County Arrest Statistics
According to the 2021 NIBRS Arrest Data, law enforcement in the county made 1,511 arrests. Adults accounted for 1,384 arrests and 127 were juveniles. The arrests included DUIs (403 ), drug violations (165), simple assaults (160), and aggravated assault (33).
Drug crime arrests were also reported in 2021 with a total of 701. The most prevalent drug crime arrests were the Controlled Substances Act (400), the Cannabis Control Act (129), and the Drug Paraphernalia Act (126).
Find Kane County Arrest Records
To get Kane County arrest records, use the Sheriff’s Office Detainee Search Tool. The tool allows individuals to find records on Kane County bookings using names and dates of arrest. It also supports name-based searches for persons in police custody.
One can locate a detainee using their full name or detainee ID. Persons who use this search tool can expect to find other information about offenders in custody, as well as those who have been processed in the past 24 hours. Alternatively, visit the Sheriff’s Office in person during business hours to obtain arrest records.
Kane County Sheriff's Office
37W755 Illinois Route 38
St. Charles, Illinois 60175
Tel: (630) 232-6840
Fax: (630) 513-6984
Email: KaneSheriff@co.kane.il.us.
Free Arrest Record Search in Kane County
Interested persons can perform arrest record searches for free at the various municipal police departments in Kane County that may sometimes operate city jails. Some of these departments may charge a fee to produce copies of arrest records. Alternatively, individuals can find free arrest information through third-party online search sites. These sites are not affiliated with the government but may be convenient for the public to use. Requesters may just need to use name, age, sex, or county of arrest to complete a search via these sites.
Get Kane County Criminal Records
A criminal record provides information on one's criminal activities or involvement with the criminal justice system. It may contain arrests, warrants, charges, convictions, warrants, and jail history. Criminal records are also known as criminal history or rap sheets.
The Bureau of Identification maintains criminal history records across the state (20 ILCS 2635/1 et seq). Individuals may request and obtain criminal history background checks online and by mail. However, the law permits only conviction information to be disclosed to the public.
Individuals who want detailed information on obtaining criminal history records may use the background check guide. Generally, to obtain criminal records, requestors must complete an Illinois Uniform Conviction Information Act (UCIA) name-based request form. The requester must fill in the subject's information such as full name, sex, race, and date of birth. The completed form should be forwarded to the Bureau of Identification at the address below.
Illinois State Police
Bureau of Identification
P.O. Box 88727
Chicago, Illinois 60680-1727.
Each search costs $16.00, and this service fee is non-refundable.
Kane County Arrest Records Vs. Criminal Records
There is a distinction between criminal records and arrest records. Generally, an arrest record does not prove that an individual committed a crime; it only shows the individual was taken into custody on suspicion of a crime. On the other hand, a criminal record details all contact with law enforcement and provides information about case outcomes. Sometimes, the information in a criminal record is open to the public and can be used by researchers, employers, and landlords who conduct background searches.
How Long Do Arrests Stay on Your Record?
Permanently unless expunged. In Illinois, arrests can stay on a record permanently unless the subject files for an expungement (erasing) or sealing (hiding). Generally, individuals can remove, seal, or expunge for arrests on records that did not result in a conviction. If an arrest results in a conviction but the sentence is reversed for some reason, the record may be eligible for an expungement or sealing.
Expunge Kane County Arrest Records
A person arrested for a felony or misdemeanor in Kane County may petition the court for arrest record expungement. If the person's petition for expungement is granted, all affected arrest records maintained by the state may be wiped from the record (20 ILCS 2630/5.2).
Not everyone with a criminal record qualifies to have their history expunged or sealed. In Kane County, a person is only eligible to expunge arrest information on their record if:
- Found not guilty of the charges
- Arrested but never legally charged
- Charges against the person were dropped or dismissed
- The person was pardoned by the Governor
- The case was overturned on appeal
- The person pleaded guilty or was found guilty, but received a sentence of court supervision
- The person was found guilty but received a sentence of special probation.
The process for expungement of arrest records requires the individual to file a petition with the Circuit Court in the County where the arrest happened. The Office of the State Appellate Defender partners with the Access to Justice Commission to prepare and distribute correct and user-friendly forms for adult sealing and expungement. These forms will be accepted in every county courthouse across Illinois.
Obtain and fill out the request to expunge/seal criminal records form by visiting or contacting the Clerk of the Circuit Court's office. The Clerk's office charges a fee to file an expungement or sealing petition. The Clerk's office will send notice or copy of your petition to the Illinois State Police, the Prosecutor in charge of the case, and the officer who made the arrest. The law enforcement agency will then process the expungement or sealing within 60 days.
The Office of the State Appellate Defender also provides forms for additional arrests or cases for expungement. This form is necessary if there are more arrests or cases to expunge than will fit on the Request form. The individual must enter the information for each additional arrest to be expunged including the arresting agency, date, and number. If an arrest did not result in formal charges, individuals may enter the initial arrest number. All completed forms must be sent to the Circuit Court's office.
Kane County Arrest Warrants
An arrest warrant is a legal document issued by a judge or magistrate to allow law enforcement to arrest an individual believed to have committed a crime. Such crimes may include failure to appear in court or severe charges like DUI offenses or drug-related crimes. In Illinois, an arrest warrant is issued when a complaint is presented to a court stating that an offense has been committed (725 ILCS 5/107-9).
When the officer conducting the investigation has probable cause to believe that an individual committed a criminal offense, the officer must obtain an arrest warrant from a judge. The officer must provide an affidavit or other sources of evidence to establish probable cause. If after reviewing the affidavit, the judge finds there is probable cause, the judge will sign the warrant.
According to the law, all arrest warrants issued in Illinois must:
- Indicate the first name, sex, date of birth, and other details and descriptions of the person
- State the nature of the offense (felony, misdemeanor, failure to appear in court)
- State the date and county of issuance
- Be signed by the judge in charge
- Authorize a law enforcement officer to bring before the court the subject or other requirements of the warrant.
Kane County Arrest Warrant Search
Interested persons can find an active warrant issued in Kane County only by visiting the County Circuit Court Clerk's office to review the court file. Alternatively, the Kane County Sheriff's Office executes and controls the proper receipt, processing, filing, assignment, and return of warrants in the county. Visit the Civil/Warrants Division for further information on active arrest warrants issued in the county.
Do Kane County Arrest Warrants Expire?
No. Kane County arrest warrants do not expire. Thus, once an arrest warrant is issued, it will remain active until the suspect is put into custody or the warrant is recalled.
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