Illinois Arrest Records

Illinois has experienced a notable decline in arrest rates in recent years, particularly in urban areas, where the arrest rate for violent crimes has dropped significantly. On average. over 126,000 arrests are made by law enforcement agencies annually in Illinois. Simple assaults account for 20% of arrests in the state. Other arrests include driving under the influence, aggravated assaults, and burglaries, constituting 11%, 4%, and 1% of arrests recorded in the state.

Illinois' arrest rate is 1,386 incidents per 100,000 residents, significantly lower than the national arrest rate of 2,181.7 arrests per 100,000. Compared to neighboring states, like Indiana and Wisconsin, with 2,252.5 arrests per 100,000 and 3,247.5 arrests per 100,000, Illinois's arrest rate is significantly lower, indicating fewer crimes committed.

What Is an Arrest Under Illinois Law?

An arrest under Illinois law is a written order from the courts directed at law enforcement officers granting the right to take a person into custody. An arrest under Illinois law is also possible if the arresting officer has reasonable grounds to believe that a warrant has been issued for the person's arrest in Illinois or another jurisdiction. In addition, arrests under state law can be made without a warrant, known as a warrantless order, under specific situations.

Type of Arrests in Illinois

In Illinois, arrests fall into two main categories: Warrant Arrests and Warrantless Arrests.

Warrant Arrest

A warrant arrest occurs when law enforcement officers arrest a person based on a judicial-issued document, an arrest warrant. Arrest warrants in Illinois issued by a judge or magistrate based on probable cause permit peace officers to take a person into custody. Per Article 107 Section 107-1 of the Illinois Compiled Statutes (ILCS), warrants of arrest are legal documents issued by the courts ordering the apprehension of an individual by law enforcement. There are three categories of warrant arrests in Illinois:

• Arrests Warrants: A formal document issued by the court authorizing law enforcement officers to arrest an individual
• Bench Warrant: Issued by a judge when a person fails to appear in court or violates a court order
• Search Warrant: Allows law enforcement officer to search a specific location for evidence relating to a crime, which may also lead to an arrest

Warrantless Arrests

A warrantless arrest occurs when law enforcement officers arrest an individual without obtaining a warrant. Per Section 301 of the ILCS, any law enforcement officer may arrest an individual without a warrant if the officer has probable cause to believe the individual committed or is committing a crime.

Probable cause for arrest means that the facts and circumstances are known to law enforcement officers and are sufficient to warrant a belief by a prudent person that a crime has occurred or will occur. It is generally a requirement for warrant and warrantless arrests.

The distinction between a warrant arrest and a warrantless arrest lies in the judicial process. For warrant arrests, the magistrate or judge assesses probable cause before issuing the warrant. Law enforcement must present evidence to a judge showing probable cause. Conversely, for warrantless arrests, probable cause is determined by the officers at the scene, who make the arrest immediately based on the facts. Arrests, whether based on a warrant or made without one, can be executed for a wide range of criminal offenses, including:

• Felonies
• Misdemeanors
• Domestic violence
• Traffic violations
• Parole or probation violations
• Sex crimes
• Drug crimes
• Public order arrests
• White-collar crimes

What Are Illinois Arrests Records?

Arrest records in Illinois are official documents detailing an individual's encounter with law enforcement. Arrest records are created and maintained by law enforcement agencies and contain information about the incident leading to the arrest. It typically includes details about the time, location, nature of arrests, fingerprints, mugshot, and charges.

Arrest records differ from criminal records. Arrest records may document a person's detention by law enforcement officers. Criminal records generally are comprehensive. They provide an overview of a person's interaction with the criminal justice system, including arrests, convictions, sentencing, and incarceration.

How Can Arrest Records Be Accessed in Illinois?

In Illinois, arrest records are public records open to anyone for inspection and copying. The Illinois Freedom of Information Act (FOIA) governs public access to government records. Per the Act, all records in the custody or possession of a public body are open to the public for inspection and copying. Section 2.15 of the Act specifies that arrest reports maintained by the state or local criminal justice agencies are open to the public and must be made public within 72 hours of the arrest.

While arrest records are generally accessible, Illinois law exempts access to certain arrest records. Consequently. Arrest records that are part of ongoing investigations, arrest records involving juveniles, sealed or expunged arrest records, and arrest records that would jeopardize the safety of any person are inaccessible to the public. Although these records are closed to the public due to privacy and safety concerns, certain entities may access arrest records under specific conditions. Therefore, law enforcement agencies, judicial entities, probation and parole officers, correction departments, and licensing and regulatory agencies may still view and obtain copies of arrest records exempted from the public.

Illinois residents may access arrest records through the Criminal History Information Response Process (CHIRP), the Local Police Department, and Court Records.

Criminal History Information Response Process (CHIRP)

The CHIRP, developed by the Illinois State Police (ISP), provides online access to name-based or fingerprint criminal history records, which generally includes arrest and conviction information. Persons seeking arrest records must create an account on the CHIRP Portal. Once logged in, choose the type of criminal history records check you need, personal review, employment screening, licensing, or other purposes. Enter the required information for the individual whose record is being requested. Save the completed form and select the appropriate payment type. Some requests, especially those for employment and licensing, require fingerprinting. Follow the prompt on providing fingerprints from a licensed fingerprint vendor. After submission, the ISP processes the requests and makes the results available through the CHIRP portal.

Local Police Department

Local police departments and County Sheriff's offices across Illinois grant access to arrest records in their custody. To access arrest records, identify the police department or sheriff's office that made the arrest. Most local police departments provide instructions for submitting FOIA requests. Requests can be made online, by email, mail, or in person at the department's records division.

Court Records

Court records encompass various documents generated during legal proceedings. Court records contain arrest information. Persons accessing arrest records from court records must determine the relevant court that handled the case and submit a request for arrest records. Additionally, arrest records are accessible through Public Access to Court Electronic Records (PACER), an online public access service allowing users to obtain case and docket information. Case information includes arrest records.

How Long Will an Arrest Report Stay on Your Illinois Records?

Arrest reports remain on a person's record indefinitely unless steps are taken to seal or expunge the records. However, per Section 5.2 of the ILCS, only arrests that do not lead to convictions are eligible for expungement. Arrests leading to convictions may only be sealed and not expunged. In Illinois, some arrest records are automatically deleted or removed under specific conditions, including:

• Automatic expungement for minor cannabis offenses, specifically possession of up to 30 grams, especially if the offense occurred before the legalization of cannabis
• Automatic expungement for juvenile records
• Automatic expungement for certain non-conviction records such as dismissed charges, acquittals, and released without charges

Can You Expunge Your Arrest Records in Illinois?

Yes, individuals may expunge their arrest records in Illinois. However, it is subject to certain conditions. Expungement of arrest records removes a record from public view. Section 20-2630 of the ILCS details the eligibility and procedure for expunging arrest records. Expunging arrest records requires obtaining the accurate forms from the Circuit Court Clerk's office or the ISP website and filing a petition for expungement.

Sealing arrest records implies hiding the arrest record from public view. The data are not destroyed like expungement. Sealing arrest records involves filing a petition with the relevant court to have the arrest records hidden from the public.

Where an individual is acquitted or found not guilty, they can expunge or seal the arrest record. The following conditions must be met to seal or expunge arrest records following an acquittal:

• A grand jury returns a "no bill"
• The charges were dismissed without probation
• A not-guilty verdict
• There was no probable cause
• Prosecutors enter a "nolle prosequi" after dropping the charges

Is Citizen's Arrest Legal in Illinois?

Yes. Citizen's arrest is legal in Illinois but under certain circumstances. Per Section 5/107-3 of the ILCS, any person may arrest another when there are reasonable grounds to believe that an offense other than an ordinance violation is being committed. The legal conditions for citizen's arrest in Illinois include:

• Having first-hand knowledge of the crime being committed
• The citizen witnessed the crime

In some instances, law enforcement officers may be off-duty or outside their jurisdiction and may need to arrest a private citizen. When this happens, the conditions that apply to a citizen arrest apply to such officers.

A citizen arrest differs from a false arrest. Citizen arrest is a legal action taken by a private individual to detain someone they believe has committed a crime. False arrest is the unlawful detaining or restraining of a person's freedom to move without legal authority or justification. False arrest is a violation of the individual's civil rights. There are legal liabilities and possibly criminal charges when a false arrest is made.

How to Look Up Arrest Warrants in Illinois

Per Illinois law, arrest warrants are public records, and anyone may view or obtain copies of the document, except they are exempted from the public court order. Illinois arrest warrants are accessible online. The ISP maintains an online database of wanted persons for arrest warrants issued by the state police. Sheriff's offices also have an online database of active warrants within their jurisdiction. You may also look up arrest warrants at the Circuit Court Clerk's office in the county where the warrant was issued. Some counties offer online access to court records through their official websites. Lastly, third-party websites may provide background checks which include arrest warrants.