Illinois Criminal Records

Illinois Criminal Records or "rap sheets" detail a person's known offenses in Illinois' criminal court system.

Are criminal records public in Illinois? the Freedom of Information Act (FOIA) declares that any papers held by any Illinois government entity are public records. It implies that, unless protected by law, the public can access them. However, you can't access certain criminal records that went through state expungement or sealing.

Which agency should you contact to get these records? the Illinois State Police keeps track of criminal records in the state.

Specifically, you'll find the following information in most Illinois Criminal Records:

• Subject's personal information (full name, birthdate, ethnicity)
• Aliases
• Fingerprints
• Mugshots
• Identification features (weight, height, tattoos, and body markings)
• Past and current indictments
• Arrest records, including outstanding warrants
• Incarceration information
• Date of arrest
• Prosecution date
• Guilty Pleas
• Convictions (felony or misdemeanor charge)

Illinois Criminal Records may vary depending on the types of offenses that a person violated. Mostly, it will contain one of the following conviction records:

Felonies

In Illinois, a crime is classified as a felony if the possible punishment includes a year in state prison or the death sentence. The Code of Illinois classifies felonies into several categories for punishment reasons. First-degree murder (own class) and Class X felonies are the most violent felonies. Following that, in declining order of severity, are Classes 1 through 4.

First-Degree Murder

In Illinois, first-degree murder is its category of crime. First-degree murder sentences range from 20 to 60 years or 60 to 100 years for an extended term. Those who commit this crime will get life in prison or the death penalty when aggravating circumstances exist.

Class X Felonies

Sentences for Class X felonies must be at least six years and no more than 30 years, or 30 to 60 years for an extended term, plus three years of supervised release. A person who commits Class X felonies will not have probation, conditional release, or periodic incarceration. Class X felony records include:

• Committing a criminal with a firearm, stun gun, or taser, except for some very grave felonies
• Using a firearm to conduct the aggravated battery
• Invasion of a house while armed with a lethal weapon
• Participating in the production of 15 grams or more of methamphetamine

Class 1 Felonies

Under Class 1 felonies, a person can get four to 15 years in jail or 15 to 30 years for an extended period and two years of obligatory supervision. Courts can impose four-year probation or conditional discharge unless the offender is on probation for a prior offense. Class 1 felony records include the following:

• Residential, educational, or religious burglaries
• Forced or nonconsensual sexual assault
• Murder in the second degree

Class 2 Felonies

Class 2 felonies in Illinois carry prison time of three to seven years or seven to 14 years for an extended term, plus two years of supervised release. The court may inflict 18 to 30 months of periodic incarceration, four years of probation, or supervised release. Some Class 2 felony records are:

• Serious domestic battery or strangling
• Robbery
• Unlawful gun purchase/attempt

Class 3 Felonies

Class 3 felonies incur jail sentences of two to five years or five to 10 years plus one year of supervised release. Class 3 felons face up to 18 months in jail or 30 months of probation. Included in the classification of Class 3 felonies are the following:

• The severe battery in public or religious places or against the elderly, pregnant women, or teachers
• Theft involving items valued at $500 to $10,000
• Fewer than five grams of meth in possession

Class 4 Felonies

Class 4 felonies are punished by one to three years in jail or three to six years for an extended sentence, plus one year of supervised release, periodic incarceration for up to 18 months, or up to 30 months of probation or conditional release. In Illinois, the following are records of Class 4 felonies:

• Identity theft of $300
• Credit or debit card theft
• Online sales of stolen stuff under $300
• Blank or changed prescription documents in unauthorized hands

In Illinois, a criminal record stays with you for life. But a person can seal or expunge some allegations and arrests that did not lead to a conviction.

Misdemeanors

Misdemeanor records in Illinois start from most to least severe (Class A to C). Each class has a range of potential penalties or fines.

Class A Misdemeanors

Class A misdemeanors in Illinois often carry less than a year in jail, up to two years of probation or conditional release, or a $75-$2,500 fine. The following are examples of Class A misdemeanors:

• Simple battery
• Theft, including stealing items valued at less than $500
• A violation of a protection order for domestic abuse

Class B Misdemeanors

A Class B misdemeanor conviction may result in up to six months in jail, two years of probation, or a $75-$1,500 fine. In Illinois, Class B misdemeanors include the following:

• Possession of 10-30 grams of cannabis
• Cyberbullying or harassing someone online
• Illegally dumping trash on another's property

Class C Misdemeanors

Class C misdemeanors, the least severe in Illinois, may be penalized by up to 30 days in jail, two years of probation, or a $75 to $1,500 fine. Some of the offenses under Class C misdemeanors are:

• Disorderly conduct
• Simple assault or doing anything that causes the victim to feel afraid of getting wounded
• Illegally storing a gun where a minor under 14 can acquire it

How long does a misdemeanor record stay on file in Illinois? If you have committed a misdemeanor record in Illinois, it will remain forever if you do nothing. Fortunately, you can seal most misdemeanor records three years following the completion of a sentence.

Criminal Driving Violations

Illinois traffic violation records vary from a $100 parking charge to a ten-year jail term for fatal incidents. Certain infractions, such as speeding through a construction zone, may result in a driver's license suspension or revocation.

Here are the other most common criminal driving violations in Illinois:

• Speeding
• DUI
• Running a red light
• Reckless driving
• Not providing proof of insurance
• Violating the child passenger safety act
• Drag racing
• Leaving an accident site with damage, injuries, or death
• Fleeing to elude police
• Driving without a seatbelt

How long are Illinois criminal driving records kept? the Illinois Secretary of State indicates driving offenses remain on your record for four to five years. However, if your traffic violation falls under felony records, it stays forever in your criminal record unless the court deletes it under state law.

Sexual Offenses

Sexual offense records may ruin a defendant. Aside from penalty charges, the defendant must register as a sex offender, which is more punishing than a court punishment.

Conviction of sexual offenses in Illinois varies depending on charges and types. And the specific sexual offense may fall under these Illinois Sex Crimes:

• Criminal Sexual Assault (Class 1 or X Felony Charges)
• Aggravated Criminal Sexual Assault (Class X Felony Charges)
• Predatory Criminal Sexual Assault (Class X Felony Charges)
• Criminal Sexual Abuse (Class 2 or 4 Felony Charges)
• Aggravated Criminal Sexual Abuse (Class 2 Felony Charges)
• Child Indecent Solicitation (Class 2 Felony Charges)
• Indecent Solicitation of an Adult (Class 1, 2, X Felony or Class A Misdemeanor Charges)
• Sodomy

Here are the common violations under sexual offense records in Illinois:

• Sexual assault
• Sexual abuse
• Sexual assault of a minor
• Sexual battery
• Rape
• Prostitution
• Enticing or soliciting a minor
• Child pornography (possession or distribution)
• Child molestation
• Indecent exposure

How long must an Illinois offender remain registered as a sex offender? Sexual offenders in the state must register yearly for ten years.

How can you find sex offenders in Illinois? Illinois State Police Sex Offender Registry is where you can find sex offenders in the state. It has an electronic list of registered sex offenders to alert the public to potentially harmful persons in their region. In this state, the sex offender registry provides names, locations, and offenses of offenders in certain jurisdictions.

If you want more information about the sex offender registry in Illinois, the ISP FAQs page will help.

In Illinois, "expunging" and "sealing" are separate terms. If you don't have any convictions in the past, you may be eligible to have your record expunged. And you can get your criminal record sealed if you have any criminal violations.

Expunged records will be physically destroyed or sent back to you. Your name will no longer be on public criminal records. Sealed records mean not deleted criminal history, but it remains only secret or covered. Most of the time, the public won't see your sealed record, but law enforcement will still be able to.

In Illinois, someone can seal misdemeanor and felony convictions except for DUI, domestic violence, animal care violations, and the vast majority of sex offenses.

Also, sealing any crimes in Illinois is impossible if the offender is still on a registry because of a conviction under the following laws:

• Arsonist Registration Act
• Murderer and Violent Offender Against Youth Registration Act
• Sex Offender Registration Act

You can have your record sealed after the conclusion of your sentence, but there is a two or three-year waiting period for certain crimes.

You should not have any additional felony convictions if you already have a sealed criminal record. Furthermore, if you have another criminal offense after having a felony conviction sealed, the court has the authority to compel the unsealing of any recently closed felony conviction.

The only option to clean your record for misdemeanor or felony offenses that do not qualify for sealing or expungement is to secure a pardon from the governor.

The pardon must expressly state that your record must undergo expungement. You can discover more about pardons by visiting the State of Illinois Prisoner Review Board website.

What Are the Steps in Expunging a Criminal Record in Illinois?

Here are the steps to keep in mind for expunging or sealing a criminal record in Illinois:

Obtain a Copy of Your Criminal Records

Criminal records contain arrests, charges, and processes, including punishments. You need this information to determine if your crimes are possible for expunging or record sealing. Also, it is vital to accomplish the form.

Examine Your Criminal Records

To determine whether the crimes on your criminal record may be expunged or sealed, you must locate and examine the following information in your criminal record:

• Dates of arrest and the department that arrested you
• An offense for which you were arrested or charged in court
• The case's verdict, such as guilty or not guilty
• The penalty you have received
• Sentence completion date

Once you find these violations on your criminal record, study them to see whether they may be expunged or sealed.

Fill Out the Form for Expungement or Sealing

If you are eligible for expungement or sealing in Illinois, you will fill out such forms that are necessary for your petition. To learn more about these forms, you can check this guide.

Filing for Expungement and Sealing

Submit your form to the county's Circuit Clerk, where you were arrested or charged with the crime. In some counties, you may need to include copies of how the court ruled on your case. You can file personally, online, or by mail. Filing may vary by location, so it is better to consult your county's Circuit Clerk for specific information or requirements.

Illinois inmate records are pieces of paper containing information about a person in the Illinois Department of Corrections (IDOC) custody. These include convicts from county and municipal jails and state prisons.

The IDOC primarily keeps records on inmates. You can search for different types of criminals on its offender search page.

If you successfully obtain a copy of this record, it has the following details:

• Inmate's personal information (name, birth date, and gender)
• A mugshot
• Inmate registration number
• Inmate location
• The offense committed
• Jail transfer information
• Custody status
• Arresting agency

Agents of the law in Illinois make arrest records when they take someone into custody. These records have information about the person arrested and why they made the arrest.

Most arrests need warrants in Illinois. However, the police or a district attorney can arrest without a warrant if they have enough evidence to convict someone of a crime.

Once arrested, the police must read the person their rights. Then, the arresting officers complete an arrest card where they obtain a defendant's name, age, ethnicity, gender, and other information. All this information then carries over to booking, which officially begins the police record process for the suspect(s).

Illinois law guarantees access to arrest records, but some restrictions remain. For example, law enforcement may conceal the paper when an arrest is part of an ongoing criminal investigation, or disclosing the record would jeopardize security and privacy.

An arrest search in person is a way for people to find out about arrest records in Illinois. But the record custodian won't give out the actual document until they know more about the arrest.

Once you obtain a copy of an arrest record, you will get details on the following information:

• The cause of an arrest
• The arresting party
• The arrestee's personal information (name, birth date, and gender)
• The date and location of the arrest
• The arrestee's jail, prison, or detention institution

Employers usually ask for criminal records when checking out a new candidate. An employer can do a background check in Illinois on a person for a fee. This check looks at how the person has interacted with the state law enforcement and the court system.

You can find criminal records in both offline and online places in Illinois. The Illinois Bureau of Identification can give you access to official public criminal records either in person or by mail.

For a complete report, you will need to give your fingerprints. You can do this in person or by sending a request in the mail.

The Bureau will charge a fee no matter who wants to get the record. It costs $20 to get fingerprinted state records on paper and $15 to get them sent digitally. For name-based searches, hard-copy documents cost $16, and electronic records charge $10.

The Criminal History Response Process (CHIRP) also has name-based inquiries for faster background checks. From the ISP website, you can sign up and link directly to CHIRP. A fingerprint check needs the person's permission, but a name search does not.

Public criminal record checks are available without cost if you are eligible for a fee waiver. If disclosing a criminal history is inappropriate for business, the government agency will often provide this waiver.