There Is a Newer Version of the Illinois Compiled Statutes
2005 Illinois Code - Chapter 20 Executive Branch 20 ILCS 2630/ Criminal Identification Act.
(20 ILCS 2630/0.01) (from Ch. 38, par. 206)
Sec. 0.01.
Short title.
This Act may be cited as the
Criminal Identification Act.
(Source: P.A. 86‑1324.)
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(20 ILCS 2630/1) (from Ch. 38, par. 206‑1)
Sec. 1.
The Department of State Police hereinafter
referred to as the
"Department", is hereby empowered to cope with the task of criminal
identification and investigation.
The Director of the Department of State Police
shall, from time to
time, appoint such employees or assistants as may be necessary to carry out
this work. Employees or assistants so appointed shall receive salaries
subject to the standard pay plan provided for in the "Personnel Code",
approved July 18, 1955, as amended.
(Source: P.A. 84‑25.)
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(20 ILCS 2630/2) (from Ch. 38, par. 206‑2)
Sec. 2.
The Department shall procure and file for record, as far as can be
procured from any source, photographs, all plates, outline pictures,
measurements, descriptions and information of all persons who have been
arrested on a charge of violation of a penal statute of this State and such
other information as is necessary and helpful to plan programs of crime
prevention, law enforcement and criminal justice, and aid in the
furtherance of those programs.
(Source: P. A. 76‑444.)
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(20 ILCS 2630/2.1)(from Ch. 38, par. 206‑2.1)
Sec. 2.1. For the purpose of maintaining complete and accurate
criminal records of the Department of State Police, it is necessary for all
policing bodies of this State, the clerk of the circuit court, the Illinois
Department of Corrections, the sheriff of each county, and State's Attorney
of each county to submit certain criminal arrest, charge, and disposition
information to the Department for filing at the earliest time possible.
Unless otherwise noted herein, it shall be the duty of all policing bodies
of this State, the clerk of the circuit court, the Illinois Department of
Corrections, the sheriff of each county, and the State's Attorney of each
county to report such information as provided in this Section, both in the
form and manner required by the Department and within 30 days of the
criminal history event. Specifically:
(a) Arrest Information. All agencies making arrests for offenses which
are required by statute to be collected, maintained or disseminated by the
Department of State Police shall be responsible
for furnishing daily to the Department fingerprints, charges and
descriptions of all persons who are arrested for such offenses. All such
agencies shall also notify the Department of all decisions by the arresting
agency not to refer
such arrests for prosecution. With approval of the Department, an agency
making such arrests may enter into
arrangements with other agencies for the purpose of furnishing daily such
fingerprints, charges and descriptions to the Department upon its behalf.
(b) Charge Information. The State's Attorney of each county shall notify
the Department of all charges filed and all petitions filed alleging that a
minor is delinquent, including all those added subsequent
to the filing of a case, and whether charges were not filed
in cases for which the Department has received information
required to be reported pursuant to paragraph (a) of this Section.
With approval of the Department, the State's Attorney may enter into
arrangements with other agencies for the
purpose of furnishing the information required by this subsection (b) to the
Department upon the State's Attorney's behalf.
(c) Disposition Information. The clerk of the circuit court of each county
shall furnish the Department, in the form and manner required by the Supreme
Court, with all final dispositions of cases for which the Department
has received information required to be reported pursuant to paragraph (a)
or (d) of this Section. Such information shall include, for each charge,
all (1) judgments of not guilty, judgments of guilty including the sentence
pronounced by the court,
findings that a minor is delinquent
and any sentence made based on those findings,
discharges and dismissals in the court; (2)
reviewing court orders filed with the clerk of the circuit court which
reverse or remand a reported conviction
or findings that a minor is delinquent
or that vacate or modify a sentence
or sentence made following a trial that a minor is
delinquent;
(3)
continuances to a date certain in furtherance of an order of supervision
granted under Section 5‑6‑1 of the Unified Code of Corrections or an order
of probation granted under Section 10 of the Cannabis Control Act, Section
410 of the Illinois Controlled Substances Act, Section 70 of the Methamphetamine Control and Community Protection Act, Section 12‑4.3 of the
Criminal Code of 1961, Section 10‑102 of the Illinois Alcoholism and
Other Drug Dependency Act, Section 40‑10 of the Alcoholism and Other Drug
Abuse and Dependency Act, Section 10 of the Steroid Control Act, or
Section 5‑615 of the Juvenile Court Act of 1987; and
(4) judgments or court orders terminating or revoking a sentence
to or juvenile disposition of probation, supervision or conditional
discharge and any resentencing
or new court orders entered by a juvenile court relating to the disposition
of a minor's case involving delinquency
after such revocation.
(d) Fingerprints After Sentencing.
(1) After the court pronounces sentence, sentences a
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(2) After the court pronounces sentence or makes a | ||
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(e) Corrections Information. The Illinois Department of Corrections and
the sheriff of each county shall furnish the Department with all information
concerning the receipt, escape, execution, death, release, pardon, parole,
commutation of sentence, granting of executive clemency or discharge of
an individual who has been sentenced or committed to the agency's custody
for any offenses
which are mandated by statute to be collected, maintained or disseminated
by the Department of State Police. For an individual who has been charged
with any such offense and who escapes from custody or dies while in
custody, all information concerning the receipt and escape or death,
whichever is appropriate, shall also be so furnished to the Department.
(Source: P.A. 94‑556, eff. 9‑11‑05.)
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(20 ILCS 2630/3)(from Ch. 38, par. 206‑3)
Sec. 3. Information to be furnished peace officers and commanding officers
of certain military installations in Illinois.
(A) The Department shall file or cause to be filed all plates,
photographs, outline pictures, measurements, descriptions and information
which shall be received by it by virtue of its office and shall make a
complete and systematic record and index of the same, providing thereby a
method of convenient reference and comparison. The Department shall
furnish, upon application, all information pertaining to the identification
of any person or persons, a plate, photograph, outline picture, description,
measurements, or any data of which there is a record in its office. Such
information shall be furnished to peace officers of the United States, of other
states or territories, of the Insular possessions of the United States, of
foreign countries duly authorized to receive the same, to all peace officers of
the State of Illinois, to investigators of the Illinois Law Enforcement
Training Standards Board and, conviction information only, to units
of local government, school districts and private organizations, under the
provisions of
Section 2605‑10, 2605‑15, 2605‑75, 2605‑100, 2605‑105, 2605‑110,
2605‑115, 2605‑120, 2605‑130, 2605‑140, 2605‑190, 2605‑200, 2605‑205, 2605‑210,
2605‑215, 2605‑250, 2605‑275, 2605‑300, 2605‑305, 2605‑315, 2605‑325, 2605‑335,
2605‑340,
2605‑350, 2605‑355, 2605‑360, 2605‑365, 2605‑375, 2605‑390, 2605‑400, 2605‑405,
2605‑420,
2605‑430, 2605‑435, 2605‑500, 2605‑525, or 2605‑550 of the Department of State
Police Law (20 ILCS 2605/2605‑10, 2605/2605‑15,
2605/2605‑75,
2605/2605‑100, 2605/2605‑105, 2605/2605‑110, 2605/2605‑115,
2605/2605‑120, 2605/2605‑130, 2605/2605‑140, 2605/2605‑190, 2605/2605‑200,
2605/2605‑205, 2605/2605‑210, 2605/2605‑215, 2605/2605‑250, 2605/2605‑275,
2605/2605‑300,
2605/2605‑305, 2605/2605‑315, 2605/2605‑325, 2605/2605‑335, 2605/2605‑340,
2605/2605‑350, 2605/2605‑355, 2605/2605‑360,
2605/2605‑365, 2605/2605‑375, 2605/2605‑390,
2605/2605‑400, 2605/2605‑405, 2605/2605‑420, 2605/2605‑430, 2605/2605‑435,
2605/2605‑500, 2605/2605‑525, or 2605/2605‑550).
Applications shall be in writing and accompanied by a certificate, signed by
the peace officer or chief administrative officer or his designee making such
application, to the effect that the information applied for is necessary in the
interest of and will be used solely in the due administration of the criminal
laws or for the purpose of evaluating the qualifications and character of
employees, prospective employees, volunteers, or prospective
volunteers of units of local government, school districts, and private
organizations, or for the purpose of evaluating the character of persons who may be granted or denied access to municipal utility facilities under Section 11‑117.1‑1 of the Illinois Municipal Code.
For the purposes of this subsection, "chief administrative officer" is
defined as follows:
a) The city manager of a city or, if a city does not
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b) The manager of a village or, if a village does | ||
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c) The chairman or president of a county board or, | ||
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d) The president of the school board of a school | ||
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e) The supervisor of a township.
f) The official granted general administrative | ||
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g) The executive officer granted general | ||
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(B) Upon written application and payment of fees authorized by this
subsection, State agencies and units of local government, not including school
districts, are authorized to submit fingerprints of employees, prospective
employees and license applicants to the Department for the purpose of obtaining
conviction information maintained by the Department and the Federal Bureau of
Investigation about such persons. The Department shall submit such
fingerprints to the Federal Bureau of Investigation on behalf of such agencies
and units of local government. The Department shall charge an application fee,
based on actual costs, for the dissemination of conviction information pursuant
to this subsection. The Department is empowered to establish this fee and
shall prescribe the form and manner for requesting and furnishing conviction
information pursuant to this subsection.
(C) Upon payment of fees authorized by this subsection, the Department shall
furnish to the commanding officer of a military installation in Illinois having
an arms storage facility, upon written request of such commanding officer or
his designee, and in the form and manner prescribed by the Department, all
criminal history record information pertaining to any individual seeking access
to such a storage facility, where such information is sought pursuant to a
federally‑mandated security or criminal history check.
The Department shall establish and charge a fee, not to exceed actual costs,
for providing information pursuant to this subsection.
(Source: P.A. 94‑480, eff. 1‑1‑06.)
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(20 ILCS 2630/3.1) (from Ch. 38, par. 206‑3.1)
Sec. 3.1.
(a) The Department may furnish, pursuant to positive
identification, records of convictions to the Department of Professional
Regulation for the purpose of meeting registration or licensure
requirements under The Private Detective, Private Alarm, Private Security,
and Locksmith Act of 2004.
(b) The Department may furnish, pursuant to positive identification,
records of convictions to policing bodies of this State for the purpose of
assisting local liquor control commissioners in carrying out their
duty to refuse to issue licenses to persons specified in paragraphs (4),
(5) and (6) of Section 6‑2 of The Liquor Control Act of 1934.
(c) The Department shall charge an application fee, based on actual
costs, for the dissemination of records pursuant to this Section. Fees
received for the dissemination of records pursuant to this Section shall be
deposited in the State Police Services Fund. The Department is
empowered to establish this fee and to prescribe the form and manner for
requesting and furnishing conviction information pursuant to this Section.
(d) Any dissemination of any information obtained pursuant to this
Section to any person not specifically authorized hereby to receive or use
it for the purpose for which it was disseminated shall constitute a
violation of Section 7.
(Source: P.A. 93‑438, eff. 8‑5‑03.)
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(20 ILCS 2630/3.2) (from Ch. 38, par. 206‑3.2)
Sec. 3.2.
It is the duty of any person conducting or operating a medical facility,
or any physician or nurse as soon as treatment permits to notify the local
law enforcement agency of that jurisdiction upon the application for
treatment of a person who is not accompanied by a law enforcement officer,
when it reasonably appears that the person requesting treatment has
received:
(1) any injury resulting from the discharge of a | ||
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(2) any injury sustained in the commission of or as | ||
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Any hospital, physician or nurse shall be forever held harmless from
any civil liability for their reasonable compliance with the provisions of
this Section.
(Source: P.A. 86‑1475.)
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(20 ILCS 2630/4) (from Ch. 38, par. 206‑4)
Sec. 4.
The Department may use the following systems of identification:
The
Bertillion system, the finger print system, and any system of measurement
or identification that may be adopted by law or rule in the various penal
institutions or bureaus of identification wherever located.
The Department shall make a record consisting of duplicates of all
measurements, processes, operations, signalletic cards, plates,
photographs, outline pictures, measurements, descriptions of and data
relating to all persons confined in penal institutions wherever located, so
far as the same are obtainable, in accordance with whatever system or
systems may be found most efficient and practical.
(Source: Laws 1957, p. 1422.)
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(20 ILCS 2630/5)(from Ch. 38, par. 206‑5)
Sec. 5. Arrest reports; expungement.
(a) All policing bodies of this State shall furnish to the Department,
daily, in the form and detail the Department requires, fingerprints and
descriptions of all persons who are arrested on charges of violating any penal
statute of this State for offenses that are classified as felonies and Class
A or B misdemeanors and of all minors of the age of 10 and over who have been
arrested for an offense which would be a felony if committed by an adult, and
may forward such fingerprints and descriptions for minors arrested for Class A
or B misdemeanors. Moving or nonmoving traffic violations under the Illinois
Vehicle Code shall not be reported except for violations of Chapter 4, Section
11‑204.1, or Section 11‑501 of that Code. In addition, conservation offenses,
as defined in the Supreme Court Rule 501(c), that are classified as Class B
misdemeanors shall not be reported.
Whenever an adult or minor prosecuted as an adult,
not having previously been convicted of any criminal offense or municipal
ordinance violation, charged with a violation of a municipal ordinance or a
felony or misdemeanor, is acquitted or released without being convicted,
whether the acquittal or release occurred before, on, or after the
effective date of this amendatory Act of 1991, the Chief Judge of the circuit
wherein the charge was brought, any judge of that circuit designated by the
Chief Judge, or in counties of less than 3,000,000 inhabitants, the presiding
trial judge at the defendant's trial may upon verified petition of the
defendant order the record of arrest expunged from the official records of the
arresting authority and the Department and order that the records of the clerk
of the circuit court be sealed until further order of the court upon good cause
shown and the name of the defendant obliterated on the official index required
to be kept by the circuit court clerk under Section 16 of the Clerks of Courts
Act, but the order shall not affect any index issued by the circuit court clerk
before the entry of the order. The Department may charge the petitioner a fee
equivalent to the cost of processing any order to expunge or seal the records,
and the fee shall be deposited into the State Police Services Fund. The
records of those arrests, however, that result in a disposition of
supervision for any offense shall not be expunged from the records of the
arresting authority or the Department nor impounded by the court until 2 years
after discharge and dismissal of supervision. Those records
that result from a supervision for a violation of Section 3‑707, 3‑708, 3‑710,
5‑401.3, or 11‑503 of the Illinois Vehicle Code or a similar provision
of a local ordinance, or for a violation of Section 12‑3.2, 12‑15 or 16A‑3
of the Criminal Code of 1961, or probation under Section 10 of the Cannabis
Control Act, Section 410 of the Illinois Controlled Substances Act, Section 70 of the Methamphetamine Control and Community Protection Act, Section
12‑4.3(b)(1) and (2) of the Criminal Code of 1961 (as those provisions
existed before their deletion by Public Act 89‑313), Section 10‑102 of the
Illinois Alcoholism and Other Drug Dependency Act when the judgment of
conviction has been vacated, Section 40‑10 of the Alcoholism and Other Drug
Abuse and Dependency Act when the judgment of conviction has been vacated,
or Section 10 of the Steroid Control Act shall not be expunged from the records
of the arresting authority nor impounded by the court until 5 years after
termination of probation or supervision. Those records that result from a
supervision for a violation of Section 11‑501 of the Illinois Vehicle Code or
a similar provision of a local ordinance, shall not be expunged. All records
set out above may be ordered by the court to be expunged from the records of
the arresting authority and impounded by the court after 5 years, but shall
not be expunged by the Department, but shall, on court order be sealed by the
Department and may be disseminated by the Department only as required by law or
to the arresting authority, the State's Attorney, and the court upon a later
arrest for the same or a similar offense or for the purpose of sentencing for
any subsequent felony. Upon conviction for any offense, the Department of
Corrections shall have access to all sealed records of the Department
pertaining to that individual.
(a‑5) Those records maintained by the Department for persons arrested
prior to their 17th birthday shall be expunged as provided in Section 5‑915 of
the Juvenile Court Act of 1987.
(b) Whenever a person has been convicted of a crime or of the violation of
a municipal ordinance, in the name of a person whose identity he has stolen
or otherwise come into possession of, the aggrieved person from whom the
identity was stolen or otherwise obtained without authorization, upon learning
of the person having been arrested using his identity, may, upon verified
petition to the chief judge of the circuit wherein the arrest was made,
have a court order entered nunc pro tunc by the chief judge to correct
the arrest record, conviction record, if any, and all official records of the
arresting authority, the Department, other criminal justice agencies, the
prosecutor, and the trial court concerning such arrest, if any, by removing his
name from all such records in connection with the arrest and conviction, if
any, and by inserting in the records the name of the offender, if known or
ascertainable, in lieu of the aggrieved's name. The records of the
clerk of
the circuit court clerk shall be sealed until further order of the court upon
good cause shown and the name of the aggrieved person obliterated on the
official index required to be kept by the circuit court clerk under Section 16
of the Clerks of Courts Act, but the order shall not affect any index issued by
the circuit court clerk before the entry of the order. Nothing in this Section
shall limit the Department of State Police or other criminal justice agencies
or prosecutors from listing under an offender's name the false names he or she
has used. For purposes of this Section, convictions for moving and nonmoving
traffic violations other than convictions for violations of Chapter 4, Section
11‑204.1 or Section 11‑501 of the Illinois Vehicle Code shall not be a bar to
expunging the record of arrest and court records for
violation of a misdemeanor or municipal ordinance.
(c) Whenever a person who has been convicted of an offense is granted
a pardon by the Governor which specifically authorizes expungement, he may,
upon verified petition to the chief judge of the circuit where the person had
been convicted, any judge of the circuit designated by the Chief Judge, or in
counties of less than 3,000,000 inhabitants, the presiding trial judge at the
defendant's trial, may have a court order entered expunging the record of
arrest from the official records of the arresting authority and order that the
records of the clerk of the circuit court and the Department be sealed until
further order of the court upon good cause shown or as otherwise provided
herein, and the name of the defendant obliterated from the official index
requested to be kept by the circuit court clerk under Section 16 of the Clerks
of Courts Act in connection with the arrest and conviction for the offense for
which he had been pardoned but the order shall not affect any index issued by
the circuit court clerk before the entry of the order. All records sealed by
the Department may be disseminated by the Department only as required by law or
to the arresting authority, the State's Attorney, and the court upon a later
arrest for the same or similar offense or for the purpose of sentencing for any
subsequent felony. Upon conviction for any subsequent offense, the Department
of Corrections shall have access to all sealed records of the Department
pertaining to that individual. Upon entry of the order of expungement, the
clerk of the circuit court shall promptly mail a copy of the order to the
person who was pardoned.
(c‑5) Whenever a person has been convicted of criminal sexual assault,
aggravated criminal sexual assault, predatory criminal sexual assault of a
child, criminal sexual abuse, or aggravated criminal sexual abuse, the victim
of that offense may request that the State's Attorney of the county in which
the conviction occurred file a verified petition with the presiding trial judge
at the defendant's trial to have a court order entered to seal the records of
the clerk of the circuit court in connection with the proceedings of the trial
court concerning that offense. However, the records of the arresting authority
and the Department of State Police concerning the offense shall not be
sealed. The court, upon good cause shown, shall make the records of the clerk
of the circuit court in connection with the proceedings of the trial court
concerning the offense available for public inspection.
(c‑6) If a conviction has been set aside on direct review or on
collateral attack
and the court determines by clear and convincing evidence that the defendant
was factually innocent of
the charge, the court shall enter an expungement order as provided in
subsection (b) of Section 5‑5‑4
of the Unified Code of Corrections.
(d) Notice of the petition for subsections (a), (b), and (c) shall be
served upon the State's Attorney or prosecutor charged with the duty
of prosecuting the offense, the Department of State Police, the arresting
agency and the chief legal officer of the unit of local government
affecting the arrest. Unless the State's Attorney or prosecutor, the
Department of State Police, the arresting agency or such chief legal officer
objects to the petition within 30 days from the date of the notice, the
court shall enter an order granting or denying the petition. The clerk
of the court shall promptly mail a copy of the order to the person, the
arresting agency, the prosecutor, the Department of State Police and such
other criminal justice agencies as may be ordered by the judge.
(e) Nothing herein shall prevent the Department of State Police from
maintaining all records of any person who is admitted to probation upon
terms and conditions and who fulfills those terms and conditions pursuant
to Section 10 of the Cannabis Control Act, Section 410 of the Illinois
Controlled Substances Act, Section 70 of the Methamphetamine Control and Community Protection Act, Section 12‑4.3 of the Criminal Code
of 1961, Section 10‑102 of the Illinois Alcoholism and Other Drug
Dependency Act, Section 40‑10 of the Alcoholism and Other Drug Abuse and
Dependency Act, or Section 10 of the Steroid Control Act.
(f) No court order issued under the expungement provisions of this
Section shall become final for purposes of appeal until 30 days after
notice is received by the Department. Any court order contrary to the
provisions of this Section is void.
(g) Except as otherwise provided in subsection (c‑5) of this Section,
the court shall not order the sealing or expungement of the arrest
records and records of the circuit court clerk of any person granted
supervision for or convicted of any sexual offense committed against a minor
under 18 years of age. For the purposes of this Section, "sexual offense
committed against a minor" includes but is not limited to the offenses of
indecent solicitation of a child or criminal sexual abuse when the victim of
such offense is under 18 years of age.
(h) (1) Applicability. Notwithstanding any other provision of this Act to the contrary and cumulative with any rights to expungement of criminal records, this subsection authorizes the sealing of criminal records of adults and of minors prosecuted as adults. (2) Sealable offenses. The following offenses may be sealed: (A) All municipal ordinance violations and
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(i) violations of Section 11‑501 of the Illinois | ||
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(ii) violations of Article 11 of the Criminal | ||
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(iii) violations of Section 12‑15, 12‑30, or 26‑5 | ||
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(iv) violations that are a crime of violence as | ||
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(v) Class A misdemeanor violations of the Humane | ||
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(vi) any offense or attempted offense that would | ||
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(B) Misdemeanor and Class 4 felony violations of: (i) Section 11‑14 of the Criminal Code of 1961; (ii) Section 4 of the Cannabis Control Act; (iii) Section 402 of the Illinois Controlled | ||
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(iv) Section 60 of the Methamphetamine Control | ||
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However, for purposes of this subsection (h), a | ||
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(3) Requirements for sealing. Records identified as | ||
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(A) Acquitted of the offense or offenses or released | ||
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(B) Convicted of the offense or offenses and the | ||
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(C) Placed on misdemeanor supervision for an offense | ||
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(i) at least 3 years have elapsed since the | ||
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(ii) the individual has not been convicted of a | ||
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(D) Convicted of an offense or offenses; and (i) at least 4 years have elapsed since the | ||
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(ii) the individual has not been convicted of a | ||
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(4) Requirements for sealing of records when more than | ||
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(5) Subsequent convictions. A person may not have | ||
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(6) Notice of eligibility for sealing. Upon acquittal, | ||
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(7) Procedure. Upon becoming eligible for the sealing of | ||
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(A) Contents of petition. The petition shall contain | ||
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(B) Drug test. A person filing a petition to have | ||
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(C) Service of petition. The clerk shall promptly | ||
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(D) Entry of order. Unless the State's Attorney or | ||
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(E) Hearing upon objection. If an objection is | ||
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(F) Service of order. After entering the order to | ||
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(8) Fees. Notwithstanding any provision of the Clerk of | ||
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(i) Subject to available funding, the Illinois Department of Corrections shall conduct a study of the impact of sealing, especially on employment and recidivism rates, utilizing a random sample of those who apply for the sealing of their criminal records under Public Act 93‑211, in accordance to rules adopted by the Department. At the request of the Illinois Department of Corrections, records of the Illinois Department of Employment Security shall be utilized as appropriate to assist in the study. The study shall not disclose any data in a manner that would allow the identification of any particular individual or employing unit. The study shall be made available to the General Assembly no later than September 1, 2006.
(Source: P.A. 93‑210, eff. 7‑18‑03; 93‑211, eff. 1‑1‑04; 93‑1084, eff. 6‑1‑05; 94‑556, eff. 9‑11‑05.)
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(20 ILCS 2630/5.1) (from Ch. 38, par. 206‑5.1)
Sec. 5.1.
Reporting of domestic crime.) All law enforcement agencies
in Illinois which have received complaints and had its officers investigate
any alleged commission of a domestic crime, shall indicate the incidence
of any alleged commission of said crime with the Department through the
Illinois Uniform Crime Reporting System as part of the data reported pursuant
to Section 8 of this Act.
Domestic crime for the purposes of this Section means any crime attempted
or committed between husband and wife or between members of the same family
or household.
(Source: P.A. 81‑921.)
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(20 ILCS 2630/7) (from Ch. 38, par. 206‑7)
Sec. 7.
No file or record of the Department hereby created shall be
made public, except as provided in the "Illinois Uniform Conviction
Information Act" or other Illinois law or as may be necessary in the
identification of persons suspected or accused of crime and in their trial
for offenses committed after having been imprisoned for a prior offense;
and no information of any character relating to its records shall be given
or furnished by said Department to any person, bureau or institution other
than as provided in this Act or other State law, or when a governmental
unit is required by state or federal law to consider such information in
the performance of its duties. Violation of this Section shall constitute a
Class A misdemeanor.
However, if an individual requests the Department to release
information as to the existence or nonexistence of any criminal record
he might have, the Department shall do so upon determining that the
person for whom the record is to be released is actually the person
making the request. The Department shall establish reasonable fees and
rules to allow an individual to review and correct any criminal history
record information the Department may hold concerning that individual upon
verification of the identity of the individual. Such rulemaking is subject
to the provisions of the Illinois Administrative Procedure Act.
(Source: P.A. 85‑922.)
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(20 ILCS 2630/8) (from Ch. 38, par. 206‑8)
Sec. 8.
The Department shall be a central repository and custodian of crime
statistics for the State and it shall have all power incident thereto to
carry out the purposes of this Act, including the power to demand and
receive cooperation in the submission of crime statistics from all units of
government. On an annual basis, the Illinois Criminal Justice Information Authority
shall make available compilations
published by the Authority of crime
statistics required to be reported by each policing body of the State, the
clerks of the circuit court of each county, the Illinois Department of
Corrections, the Sheriff of each county, and the State's Attorney of each
county, including, but not limited to, criminal arrest, charge and
disposition information.
(Source: P.A. 86‑701.)
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(20 ILCS 2630/9) (from Ch. 38, par. 206‑9)
Sec. 9.
(a) Every county medical examiner and coroner shall, in every
death investigation where the identity of a dead body cannot be determined
by visual means, fingerprints, or other identifying data, have a qualified
dentist, as determined by the county medical examiner or coroner, conduct
a dental examination of the dead body. If the county medical examiner or
coroner, with the aid of the dental examination and other identifiers, is
still unable to establish the identity of the dead body, the medical examiner
or coroner shall forthwith submit the dental records to the Department.
(b) If a person reported missing has not been found within 30 days, the
law enforcement agency to whom the person was reported missing shall, within
the next 5 days, make all necessary efforts to locate and request from the
family or next of kin of the missing person written consent to contact and
receive from the dentist of the missing person that person's dental records
and shall forthwith make every reasonable effort to acquire such records.
Within 5 days of the receipt of the missing person's dental records, the
law enforcement agency shall submit such records to the Department.
(c) The Department shall be the State central repository for all dental
records submitted pursuant to this Section. The Department may
promulgate rules for the form and manner of submission of dental records,
reporting of the location or identification of persons for whom dental
records have been submitted and other procedures for program operations.
(d) When a person who has been reported missing is located and that person's
dental records have been submitted to the Department, the law enforcement agency
which submitted that person's dental records to the Department shall report
that fact to the Department and the Department shall expunge the dental
records of that person from the Department's file.
The Department shall also expunge from its files the dental records of those
dead and missing persons who are positively identified as a result of comparisons
made with its files, the files maintained by other
states, territories, insular possessions of the United States,
or the United States.
(Source: P.A. 84‑255.)
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(20 ILCS 2630/10) (from Ch. 38, par. 206‑10)
Sec. 10.
Judicial Remedies.
The Attorney General or a State's
Attorney may bring suit in the circuit courts to prevent and restrain
violations of the Illinois Uniform Conviction Information Act, enacted by
the 85th General Assembly and to enforce the reporting provisions of
Section 2.1 of this Act. The Department of State Police
may request the Attorney General to bring any such action
authorized by this subsection.
(Source: P.A. 85‑922.)
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(20 ILCS 2630/11)
Sec. 11.
Legal assistance and education.
Subject to appropriation, the
State Appellate Defender
shall establish, maintain, and carry out a sealing and expungement program to
provide information to persons eligible to have their arrest or criminal
history records expunged or sealed.
(Source: P.A. 93‑211, eff. 1‑1‑04.)
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20 ILCS 2630/12)
Sec. 12. Entry of order; effect of expungement or sealing records.
(a) Except with respect to law enforcement agencies, the Department of
Corrections, State's Attorneys, or other prosecutors, and as provided in Section 13 of this Act, an expunged or sealed
record may not be considered by any private or
public entity in employment matters, certification, licensing, revocation
of certification or licensure, or registration. Applications for
employment must contain specific language which states that the
applicant is not obligated to disclose sealed or expunged records of
conviction or arrest. Employers may not ask if an applicant has had
records expunged or sealed.
(b) A person whose records have been sealed or expunged is not entitled to
remission of any fines, costs, or other money paid as a consequence of
the sealing or expungement. This amendatory Act of the 93rd General
Assembly does not affect the right of the victim of a crime to prosecute
or defend a civil action for damages. Persons engaged in civil litigation
involving criminal records that have been sealed may
petition the court to open the records for the limited purpose of using
them in the course of litigation.
(Source: P.A. 93‑211, eff. 1‑1‑04; 93‑1084, eff. 6‑1‑05.)
(20 ILCS 2630/13)
Sec. 13. Retention and release of sealed records.
(a) The Department of State Police shall retain records sealed under
subsection (h) of Section 5 and shall release them only as authorized by this Act. Felony records sealed under subsection (h) of Section 5
shall be used and
disseminated by the Department only as otherwise specifically required or authorized by a federal or State law, rule, or regulation that requires inquiry into and release of criminal records, including, but not limited to, subsection (A) of Section 3 of this Act. However, all requests for records that have been expunged, sealed, and impounded and the use of those records are subject to the provisions of Section 2‑103 of the Illinois Human Rights Act. Upon
conviction for any offense, the Department of Corrections shall have
access to all sealed records of the Department pertaining to that
individual. (b) Notwithstanding the foregoing, all sealed records are subject to inspection and use by the court and inspection and use by law enforcement agencies and State's Attorneys or other prosecutors in carrying out the duties of their offices.
(c) The sealed records maintained under subsection (a) are exempt from
disclosure under the Freedom of Information Act. (d) The Department of State Police shall commence the sealing of records of felony arrests and felony convictions pursuant to the provisions of subsection (h) of Section 5 of this Act no later than one year from the date that funds have been made available for purposes of establishing the technologies necessary to implement the changes made by this amendatory Act of the 93rd General Assembly.
(Source: P.A. 93‑211, eff. 1‑1‑04; 93‑1084, eff. 6‑1‑05.)
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