Illinois Criminal Records

Criminal records are public records in Illinois, and anyone or any organization can gain vital information on criminal activities in the state. A criminal record is any legal document that outlines a person's criminal past. For instance, if a person is suspected of a DUI or theft, their criminal record will detail their arrest, charges, and trial. However, state courts can seal any records of arrest that lead to a case getting dismissed, acquitted, or released without any charges.

The Illinois State Police, the Bureau of Identification, and the clerk of the circuit court manage state criminal records. In addition, different police offices, like the local police department and the Illinois State Police, maintain and store arrest records in the state.

There are three types of criminal records in the state:

• Court Disposition: This record contains the court's decision on a criminal case under consideration.
• Chicago RAP Sheet (Record of Arrests and Prosecutions): The RAP sheet is unique to Chicago arrests and prosecutions.
• Illinois State Police Statewide Criminal History Transcript: This record consolidates data from different jurisdictions in Illinois.

Criminal records are essential as they help improve security and monitor if a person has encountered law enforcement. Employers use them as references to confirm that the employee is fit to work in that company and to avoid troublemakers. Tenants use them to make the right choices when renting a house. Lawyers and attorneys use them to get correct case histories, while others use them to validate their details. Also, they assist in criminal justice research and policy to solve crime rates and enhance police tactics.

What is Included in the Criminal Record?

The contents of criminal records can vary depending on the type of case. Typically, the most common information included in the records include:

• Any filled documentation like court orders, arrest records, and pleas.
• The name of the plaintiff and defendant.
• Case number.
• Type of case.
• Specific offense charges, including any initial and subsequent charges.
• Name of the presiding judge.
• Conviction information, including conviction dates and sentencing details.
• Any objections by other parties named in the case.
• Notations of every trial proceeding.

On the other hand, arrest records have the following details:

• Full name, age, and address of suspect.
• A photograph or mugshot
• Details about the arrest charges.
• Location and time of arrest.
• The name of the arresting officer and law enforcement agency.
• The suspect's custody status.
• Booking details of the suspect, such as the date and time the suspect was received, discharged, or transferred from the agency's custody.

Are Criminal Records Public In Illinois?

Records of criminal activity are deemed to be open to the public based on the Illinois Freedom of Information Act (5 ILCS 140). Public access involves arrest, court, and criminal history records kept by state-local criminal justice agencies or the clerk of the court's offices. However, some exemptions prevent individuals from getting personal information about a suspect when the criminal investigations are ongoing. That means that some information may be removed or excluded if, when made public, it would complicate police work, endanger their lives or those of people around them, or violate the state's privacy rights.

How to Access Criminal Records in Illinois

Accessing criminal records in Illinois is a straightforward process. People can get these records both online and offline.

Offline Methods (In-Person or by mail)

Individuals can request criminal records by visiting the local police stations, the Illinois State Police, correctional facilities, or licensed fingerprint vendor agencies. To ease the search, visitors should carry a valid identification card and details like case numbers or names. Fingerprints are required from the subject to the Illinois State Police to obtain the record.

When requesting information records from correctional facilities or vendors, the individual will submit their fingerprints and other identification details to the Illinois State Police. The copies of criminal record transcripts will be mailed to the individuals or the correctional facility they are affiliated with within 45 days of the request, and they will be notified to come and pick up the documents. However, the facilities will dispose of the records if the copies are not picked up within 45 days of being informed. If a person obtains a criminal record from the local police or state police, they are supposed to pay $16. However, the charges may differ if people employ the facilities or vendors.

Additionally, individuals can obtain copies of criminal court records by going to the court clerk's office. People often have to go to the offices to get these records physically. However, the court records do not contain arrest records that did not result in a court case. The clerks may also demand a fee for processing certified dispositions to individuals. In Chicago, people can apply for copies of RAP sheets by mail. They will be required to submit a set of fingerprints obtained from the local police station. They must also present a photocopy of their identification card and phone number and pay $16. They should mail the information to:

Online:

Some county courts offer their case information online. However, the Electronic Access Policy for Circuit Court Records provided by the Illinois Courts, which is in force in the Illinois Supreme Court, does not allow people to access actual case documents remotely. Any information about criminal cases is not the record of the court but the summary of the actual paper works.

Likewise, people can turn to authorized third-party search services that offer criminal records information. The services provide state, federal, national, or international criminal checks.

What is Considered a Felony in Illinois?

In Illinois, a felony is a serious crime punishable by over one year's imprisonment. Generally, the state classifies felonies into five classes: The severity of classes is Class X, Class 1, Class 2, Class 3, and Class 4, where Class X is the most severe and Class 4 the least severe.

The following are Felony classifications in Illinois:

Class X Felony

Are the most severe non-capital offenses in Illinois. They include crimes like:

• Murder - The unlawful killing of someone else with the intention or deliberate malice.
• Armed Robbery - It is the act of forcefully taking belongings from a person or location by using a weapon or threatening to use force.
• Drug Manufacturing - The illegal making of prohibited substances.
• Drug Trafficking - The illicit movement, distribution, or sale of substantial amounts of controlled substances.
• Aggravated Arson - Intentionally starting a fire on property, resulting in extensive harm or putting human lives at risk.
• Aggravated Kidnapping - The unlawful taking of someone and keeping them captive against their wishes, often with elements like demanding money, brandishing a weapon, or causing harm to the victim.

Class 1 Felony

Examples of felonies falling under this category include:

• Burglary - It is the illegal entry into a building or home intending to steal or commit another serious crime.
• Second-degree Murder - This is the act of intentionally causing the death of someone without prior planning but in a way that shows a lack of concern for human life.
• Sexual Assault - This is when a person is made to engage in a sexual act without their consent.
• Aggravated Possession of a Firearm - This is the unlawful possession of a loaded gun during the commission of additional criminal activities.
• Theft of up to $100,000 - It is the unauthorized act of taking possessions or money valued up to $100,000 from someone else.

Class 2 Felony

Class 2 felonies include:

• Arson - The intentional act of setting fire to property, causing damage or destruction.
• Burglary
• Possession of a Stolen Firearm - The illegal possession of a firearm known to be stolen.
• Kidnapping - The unlawful detention of a person against their will by force, threat, or deception.
• Robbery - The act of taking property from another person by force or threat of force.
• Theft of Over $500 - The unlawful taking of property valued at more than $500.
• Drug Possession Over Certain Quantities - The illegal possession of controlled substances in amounts exceeding the legal threshold, with the intent for distribution or trafficking.

Class 3 Felony

Class 3 felonies include offenses like:

• Aggravated Battery - The deliberate cause of severe physical harm or injury to another individual.
• Forgery - creating false documents, signatures, or other items to deceive or commit fraud.
• Involuntary Manslaughter - Accidentally causing the death of another person due to careless or irresponsible behavior without intending to kill them.
• Perjury - Deliberately providing false information while under oath in a legal setting or on an official record.
• Theft of Less Than $500 - The unlawful stealing of property valued at less than $500.
• Sexual Misconduct with a Disabled Person - Engaging in sexual activities with a person with disabilities while exploiting their situation.

Class 4 Felony

Class 4 felonies are the least severe felony offenses. This category consists of offenses such as:

• Looting - Taking items unlawfully during civil disorder, crisis, or calamity.
• Filing a False Police Report - Intentionally giving incorrect details to law enforcement regarding a supposed incident.
• Stalking - Following, harassing, or threatening someone repeatedly, causing them fear or distress.
• Driving under the influence (DUI) - Operating a motor vehicle while impaired by alcohol, drugs, or other substances.
• Sexual Abuse - Participating in sexual activities with someone without their consent or against their wishes.
• Offering a Bribe to a Public Servant - Proposing money, gifts, or favors to a public official in exchange for influence or favorable treatment.
• Tampering with Public Records - Changing, destroying, or fabricating official documents or records kept by government organizations.

Penalties For Illinois Felonies

In the state, the penalties for felonies vary depending on the offense category. A person convicted of a Class X felon can be imprisoned for a minimum of 6 years up to a maximum of 30 years, with the possibility of extended terms up to 60 years. Additionally, when a person is charged with a Class 1 felony, it carries a prison sentence ranging from four to fifteen years, with a possible maximum of 30 years sentencing. Also, convicted individuals of Class 2 felonies may be sentenced to 3 to 7 years in prison, and there is an option for a 14-year maximum extension. A person convicted of a Class 3 felony may get a prison term of 2 to 5 years; alternatively, a 10-year sentence could be imposed. Lastly, people found guilty of a class 4 felony serve sentences lasting from one to three years and a potential extended term of up to six years. All classes of felonies also have a maximum fine of up to $25,000.

What is a Misdemeanor in Illinois?

Misdemeanors are less severe than felonies, which, when an individual is convicted, carry a punishable sentence of less than one year in a local county jail. A court sentencing can also include punishments such as fines, probation, and community service. A person convicted of a misdemeanor can fall into either of these categories: Class A, Class B, and Class C, with Class A the most serious.

The following are classes of misdemeanors and examples of crimes:

Class A Misdemeanors

• Battery - Inflicting injury on someone or engaging in offensive or provocative physical contact.
• DUI (First Offense) - Driving a vehicle while intoxicated by alcohol or drugs with a Blood Alcohol Content (BAC) of 0.08% or above.

Class B Misdemeanors

• Possession of Cannabis (over 10 grams but less than 30 grams) - Having a small quantity of marijuana meant for individual consumption.
• Criminal Trespass to Land - Entering or staying on another person's property without authorization.

Class C Misdemeanors

• Disorderly Conduct - It involves acting in a manner that disrupts public peace, like spreading lies or being violent in public.
• Petty Theft - This is when an individual steals property worth less than $500.

Penalties for Illinois Misdemeanors

In Illinois, penalties for misdemeanors vary depending on the class of the offense by class. A person found guilty of a class A misdemeanor can get imprisoned for up to one year in county jail and a fine of up to $2,500. Additionally, when a person commits a class B misdemeanor, they might serve a jail sentence of up to six months and fines of up to $1500. When found guilty of a class C misdemeanor, an individual might spend up to 30 days in prison and a $1,500 fine. An individual may also get probation, community service, or other terms based on their offense type and circumstances surrounding it.

How Long Does an Illinois Criminal Record Stay In a Background Report?

Criminal records in Illinois might remain on a background report indefinitely, depending on the nature of the crime. Some felony convictions can remain on a person's record permanently, regardless of when they were released from prison or their case was resolved. Misdemeanors can also be kept indefinitely until erased or sealed by the court.

Some charges can be expunged or sealed, allowing people to eliminate or limit access to their criminal records. However, not all offenses are eligible for these processes, especially serious felonies and violent crimes. Certain violent crimes, including murder, sex offender registration, and sexual assault, are permanently available.

Sealing and Expungement of Criminal Records in Illinois

A person can apply to have their criminal records sealed or expunged if they want to reduce the negative effect on their criminal record for one reason or another. Expungement means entirely removing the record. On the other hand, when a person requests the court to seal a criminal record, they restrict access to it, making it invisible to the general public. However, the record will still be available to law enforcement and certain agencies.

Sealing and Expungement Process

• Eligibility: Check if the offense qualifies for expungement.
• Forms: Complete the Request to Expunge, Impound, and/or Seal Criminal Records form.
• Filing:Submit the form to the court where the case was heard.
• Court Decision: Await the court's decision, which may involve a hearing.

Convictions with conditional discharge, completion of jail time, boot camp, or regular probation are examples of acceptable sentences for sealing. The court cannot seal any cases related to domestic battery, stalking without a contact order, DUI, sex crimes (except for prostitution or public indecency), violation of protection orders, and reckless driving convictions unless the individual was under the age of 25 at the time of sentencing.

Generally, people acquitted, dismissed, or completed court supervision or suitable probation are eligible for expungement. The state's waiting period for expungement varies according to the case's final disposition. A person can request record expungement immediately after they are acquitted or the case is dismissed. After completing a case that results in court supervision, a two-year waiting time is necessary, although specific offenses, such as domestic battery, require five. The waiting term for sealing is typically three years after the completion of the sentence. However, there is no waiting period if educational accomplishments are accomplished during the sentence.