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Vermilion County Arrest Records
Arrests occur in Vermillion County, Illinois, when a police officer expresses their desire to apprehend someone verbally or physically. When making an arrest, police must obtain a legal warrant unless specific exceptions exist. If a law enforcement officer observes a crime being committed, they may also arrest without a warrant. If there is sufficient cause that an officer was there and that the detained individual committed the offense, police may also arrest without a warrant.
After an arrest, the individual is brought to the holding facility of the arresting agency, and staff at the facility create a physical and electronic arrest record. Vermillion County arrest records form an essential part of Vermillion County court records because they are helpful in judicial proceedings to prove that a crime was committed.
Are Arrest Records Public in Vermilion County?
Yes. Arrest records are public as per the Illinois Freedom of Information Act. All arrest records fall under criminal records history information and are available to interested members of the public who request them. Additionally, ILCS 140/2.15 of the Illinois Compiled Statutes allows local criminal agencies' arrest records to be made public at least 72 hours following the arrest. However, specific categories of arrest records are exempt from public disclosure, including those that have been expunged or sealed as per state law. Some particular types of arrest records that are exempt from public disclosure include:
- Juvenile arrest records as per 705 ILCS 405 of the Juvenile Court Act of 1987
- Investigatory records that are part of arrest reports
- Arrest Records containing law enforcement personnel's private information
- Medical treatment records
Generally speaking, local police are directed to keep arrest records private if doing so would:
Local law enforcement is typically directed to keep arrest records private from public release if doing so would:
- Interfere with pending or anticipated legal actions taken by any law enforcement or penal organization;
- Endanger the life or physical security of either law enforcement, correctional staff, or anybody else;
- Compromise the safety of a jail or correctional facility
What Do Public Arrest Records Contain?
According to Illinois state statute 5 ILCS 160/4a, an arrest record in Vermilion County must include the following details:
- Information identifying the person, including the name, age, address, and, if available, a photo.
- Details on any fees associated with the arrest.
- Where and when the arrest was made.
- The name of the investigating and arresting law enforcement agency.
- The suspect's booking number.
- If the person is behind bars and how long they were held for.
- date of receipt, release, or transfer of the person from the custody of the arresting agency
Find Vermilion County Arrest Records
Anyone can find Vermilion County arrest records at the office of the county arresting agency. The agency could be the county sheriff's office or any police department in any city within the county. Each law enforcement office is structured to include a records section usually open to those interested in requesting records. For example, the Vermilion County Sheriff's Department records section permits walk-in inquiries for arrest records Tuesday through Friday from 8:00 am to 5:00 pm. Additionally, an appointment to search arrest records on Mondays may be arranged upon request. Inquiries on the availability of a record can also be made by phone at (217) 442-4080.
Individuals can also request a Vermillion County arrest record through the mail by sending a FOIA request by mail or email to the arresting agency. To make any request either in-person or through the mail, the individual must provide the following information to the staff at the office or on the FIAO form.
- The arrestee's first and last name
- Date of the arrest and location
- The requester's contact information(email or US mail)
- Valid government-issued ID(to prove their identity
Individuals who want to locate the correctional facility where the arrested person is being held must contact the arresting agency. Most agencies have a temporary holding jail within their building where persons who have not yet been charged are held for booking until bail is set. However, those who have been sentenced in their absence, especially for serious crimes, will be transferred to a prison to begin serving their sentence.
Free Arrest Record Search in Vermilion County
The Freedom of Information Act allows persons to search for free arrest records in Vermilion County. Arrest records searches are accessible for those who use the FOIA form and submit an arrest records request through email to law enforcement agencies in the county. The documents are prepared and sent for free to the requestor's email. For in-person requests, while the search can be performed for free, a cost associated with making photocopies of the records is associated with it.
Another option to search for Vermilion County arrest records for free is through third-party websites. Third-party sites are privately owned databases supplying arrest and other government records. The free versions of these websites provide these records as a side service with limited information. For a more thoroughly researched record, pay-to-use third-party websites are advised.
How Long Do Arrests Stay on Your Record?
Indefinitely, Unless the person requests that the arrest be expunged or sealed, an arrest will always be on their criminal history. This is true whether or not a conviction resulted from the arrest. However, persons who have been arrested for only minor cannabis offenses while they were juveniles are eligible to have their records automatically expunged as per state law.
If eligible, having a conviction or an arrest sealed or expunged is the only way to ensure that it will not be included on a criminal record. Otherwise, the criminal record of an individual is irrevocable. The sealing and expungement processes will guarantee that the conviction details are not available to the public, allowing the person to live their life without worrying about how a previous error may affect them.
Expunge Vermilion County Arrest Records
According to Illinois law, expungement involves either physically destroying the records, giving them back to the petitioner, and removing the applicant's identity from any public arrest record, official index, or both.
For a person to have their arrest records expunged, they must first be eligible. As a general rule, persons who have had their charges acquitted or dismissed and those who have not been charged due to an arrest have priority in having their records expunged by the court. First-time offenders for certain offenses and arrests for minor misdemeanors are also eligible for expungement 2-5 years after completing a court-supervised parole. However, certain types of arrest for crimes that lead to convictions cannot be expunged; some of these crimes include:
- Domestic violence (such as stalking, no contact, or breaking a protection order)
- DUI (including reckless driving), unless the conviction occurred before the age of 25;
- Sex offenses (apart from prostitution);
- Assault of an unborn child;
- Any sexual offense that entails a person's registration under the Sex Offender Registration Act
Once the petitioner is eligible, they can submit a request to the court clerk where the arrests or charges were filed, or both, asking for the expungement or sealing their arrest records. A petition must be submitted in each additional jurisdiction if charges or arrests were made in multiple jurisdictions. Staff at the office will provide the appropriate expungement form to complete and file. If the application is successful, the court clerk will inform the applicant of a date fixed by the court for the expungement hearing. After a successful hearing, the court will send an order to the police department that made the arrest, informing them to Expunge the record.
Vermilion County Arrest Warrants
According to the Code of Criminal Procedure (725 ILCS 5/), a "warrant of arrest" is a formal court order directed at a peace officer or another designated individual to make an arrest.
A Vermilion County arrest warrant is issued when a court judge or magistrate is provided with evidence that a person has committed a crime. The evidence is detailed in a written complaint by law enforcement to the court and must be sufficient to show probable cause that an offense has been committed. A warrant issued by a Vermilion County judge usually shows the following details:
- Indicate the person's name, sex, and birthdate.
- The arrest warrant should provide as much information as possible on the subject of the arrest
- The type of offense committed
- The date of issuance
- Be signed by the court's judge with the
- Title of the court's position and
- Direct the individual who is being accused to be taken into custody and taken to the court that issued the warrant, the closest or easiest-to-reach court in the same county, or to appear in court at a specific time and location;
- If applicable, describe the terms of pretrial release.
Do Vermilion County Arrest Warrants Expire?
No. Arrest warrants are legal documents that do not expire. Once a Vermilion County arrest warrant is issued, it remains active until the arresting officer executes it. Sometimes, the issuing court can recall and make a warrant inactive when new evidence proves the subject's innocence.