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Are Criminal Records in Kankakee County Publicly Accessible?
Yes, Kankakee County criminal records are classified as public documents under Illinois Freedom of Information Law (5 ILCS 140/1.2). The state law allows the general public to inspect or get copies of criminal records created or maintained by government entities. In addition, the law outlines the process and requirements for accessing the records.
Not all criminal records in Kankakee County are accessible to the public. Illinois state laws restrict public access to the following records:
- Criminal records that may interfere with pending law enforcement proceedings.
- Criminal records that may endanger the lives of law enforcement personnel.
- Identities of confidential sources in a crime-related incident.
- Criminal records sealed by court order or statutes.
- Records that disclose specialized investigative techniques.
Who is Eligible to Access Kankakee County Criminal Records in Illinois?
All persons and entities are eligible to access criminal records generated in Kankakee County, Illinois. Record custodian agencies do not limit access to criminal records based on the requester’s location. However, they may redact portions of records that contain sensitive or confidential records from the public view. Redacted or confidential criminal records are only accessible to these groups of requesters:
- The offender
- Persons directly affected by the criminal incident.
- The offender’s legal representatives
- Local and state-level entities, including the courts, criminal justice agencies, and other government entities.
- Third-party requesters empowered by a court order or letter of authorization from the record subject.
To access restricted criminal records, legally eligible requesters must provide proof of identification or a document of relationship with the record subject.
How to Request Criminal Records in Kankakee County
Persons or entities can request Kankakee County criminal records through these steps:
- Find the agency responsible for maintaining the record
The Illinois State Police is the official custodian of criminal records in Kankakee County. - Order the record through the agency’s request options.
The agency allows name- or fingerprint-based requests for records in their custody. Applicants can conduct name-based searches for criminal records through the agency’s Criminal History Information Response Process (CHIRP). To use the platform, you must register for a digital ID before creating an account.
For fingerprint-based requests, in-state requesters must get fingerprinted at the nearest ISP’s licensed Livescan vendors. The Livescan vendor will forward the completed fingerprint to the ISP. Upon receiving the fingerprint, the ISP will process the request and forward it to the inquirer’s mail address. In contrast, out-of-state requesters must fill out the Uniform Conviction Information form. The agency will then forward the request form to the requester’s address. Next, the requester must forward a completed request form to:
Illinois State Police
Bureau of Identification
260 North Chicago Street
Joliet, Illinois 60432-4072
- Pay the required fees
Name-based inquiries for criminal records are $16 and $10 for paper forms and live scans, respectively. However, fingerprint-based requests cost $15 for a live scan and $20 for a paper form.
Third-party search websites like illinoiscourtrecords.us offer online access to criminal records in Kankakee County. The sites are generally easy to use and may allow direct downloads of criminal records. Nevertheless, third-party sites operate outside government jurisdiction and may not feature accurate criminal information.
What Information Is Contained in Kankakee County Criminal Records?
Kankakee County criminal records typically provide information on the following:
- The record subject’s full name, birth date, and age.
- Offender ID
- DC number
- Arrest history
- Offense name and type
- Court information, including court name, case type, and case number.
- Court disposition date.
Public criminal records in Kankakee County may not contain sensitive or confidential data like juvenile crime information, sealed court cases, or identities of crime victims.
Are There Restrictions on Accessing Criminal Records in Kankakee County?
Yes, there are restrictions or limitations on accessing criminal records in Kankakee County. For instance, government entities may limit access to criminal records that contain sealed court documents, juvenile crime data, and records related to ongoing investigations.
These restrictions help to prevent unauthorized access to criminal records. For instance, current inmates are restricted from accessing certain criminal information. Government entities may also restrict access to criminal records that may endanger the safety or privacy of concerned parties.
Nevertheless, restricted criminal records are accessible to specific groups of requestors. These requestors generally have a legal right to access the records. For instance, record subjects and criminal justice agencies can access restricted criminal records in Kankakee County.
What Happens if My Request for Criminal Records is Denied in Kankakee County?
If a public agency denies a request for a criminal record, inquirers must first obtain reasons for the record denial. Next, they must file an appeal with the Illinois Attorney General’s Public Access Counselor within 60 days of receiving the denial. The appeal must include a copy of the original request form and the public agency’s response. Inquiries may submit the appeal email or via mail to:
Public Access Counselor
Office of the Attorney General
500 South 2nd Street
Springfield, Illinois 62701
Email: public.access@ilag.gov
Public agencies may deny requests for criminal records under the following conditions:
- The request record contains information about an ongoing investigation.
- The requested information contains sealed or expunged records.
- The requester did not provide enough information to obtain the record.
How to Expunge or Seal Kankakee County Criminal Records
To expunge or seal criminal records in Kankakee County, offenders must file a petition with the county circuit court clerk’s office. The petition must include the following documents:
- Kankakee County criminal records. Petitioners can get it from the Illinois State Police.
- Request to Expunge & Impound and/or Seal Criminal Records
- Notice of Filing for Expungement and/or Sealing Criminal Records
- Order to Expunge & Impound and/or Seal Criminal Records
Make copies of the completed forms and forward the original to the circuit court clerk. Upon receiving the completed forms, the court will schedule a hearing date to determine whether to grant or deny the request.
You are eligible to expunge Kankakee County criminal records if:
- You have no pending criminal charges
- You have completed the court-mandated sentence, probation, or parole
- The waiting period for expungement has passed
- The arrest charges are eligible for expunction under state or federal laws
- You are an honorably discharged veteran with a certificate of eligibility for expungement
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