Illinois Criminal Court Records

    Please enter a valid first name
    Please enter a valid last name

    IllinoisCourts.us is not a consumer reporting agency as defined by the FCRA and does not provide consumer reports. All searches conducted on IllinoisCourts.us are subject to the Terms of Service and Privacy Notice.

    Illinois criminal court records are the documents and information entered into a court's file during criminal proceedings in the state. These records capture the facts and arguments presented, evidence, and court rulings.

    By providing a detailed account of courtroom proceedings, Illinois court records help ensure transparency and uphold due process in the legal system. Accurate criminal court records allow the public, attorneys, and other justice system stakeholders to meaningfully review the judiciary's operations. Criminal court case documentation also keeps judges and other officials accountable by ensuring that proceedings are always open to scrutiny, reducing the risk of deviation from the law.

    Illinois criminal court records are maintained by the judicial branch of the Illinois State government through the clerks of the county circuit courts, who serve as the official custodians of these records. Dissemination of these records are governed by the Clerk of Courts Act, Illinois Supreme Court Rules, and case law.

    Are Criminal Court Records Public in Illinois?

    Yes. Although the Illinois Freedom of Information Act (FOIA) does not extend to court records, access to criminal court records is provided under the Clerks of Courts Act (705 Illinois Compiled Laws 105). Per the Clerk of Courts Act, all records, dockets, and other documents in the clerk of courts' custody must be open to the public for inspection and examination at all times.

    Certain laws limit public access to sensitive records, such as juvenile arrest and criminal court records, by designating them as impounded, confidential, sealed, or expunged, each indicating restricted availability. For example, the Court Record and Document Accessibility Act (705 Illinois Compiled Laws 86) provides that clerks of court must limit public access to records carrying these designations by applying the phrase "shall not be public" or similar phrases. In addition, courts have the authority to issue specific orders restricting access to particular records or documents.

    What Criminal Court Records Contain in Illinois

    Records maintained in a public Illinois criminal court case file include

    • Docket entries (names, case numbers, case types)
    • Charges (complaints, indictments)
    • Police or arrest reports
    • Warrants
    • Filings (bond slips, appearances, affidavits, motions, petitions, notices)
    • Verdicts and orders
    • Sentencing terms and conditions
    • Appeals

    Illinois Criminal Court Records Search

    Illinois operates a decentralized system for criminal court record dissemination, with no single centralized platform available for accessing the records. Consequently, requesters must query the specific courthouse that handled the case in person or through other available means. In-person searches require the record seeker to visit the appropriate courthouse within normal business hours and submit their requests to the record division of the clerk of court's office. Many clerks' offices, such as the Winnebago County Clerk of the Circuit Court and Madison County Circuit Clerk's Office, have computers set up for public access and viewing. Copies of documents typically require submission of a written records request.

    Individuals may also access public criminal court records online through databases maintained by the clerks of court. For example, the Clerk of the Circuit Court of Cook County and the Circuit Court Clerk of Will County operate eAccess platforms for obtaining criminal court case information within their jurisdictions. It is worth noting, however, that online case information typically provides only a brief summary of the paper records available at courthouses and is primarily used to check general case status rather than serve as an official court record.

    Courthouses may also accept record requests by mail or email. Individuals may visit the website of the appropriate county clerk of the circuit court for detailed information on all the available methods for requesting records.

    Free Access to Criminal Court Records in Illinois

    The Illinois Clerk of Courts Act does not allow charging for the inspection or examination of court records within the state. As a result, individuals can visit a courthouse or access case information online at no cost, as long as their requests do not involve copying, certifications, postage, or other special services. Furthermore, indigent requesters may be eligible for a full or partial waiver of copy fees after submitting a request to the court.

    Sealing and Expungement of Criminal Court Records in Illinois

    Individuals with qualifying records may request to have them removed from public view through sealing or expungement. Sealing criminal court records is a process that restricts public access to those records, while allowing law enforcement agencies to retain visibility. Employers legally required to conduct background checks may access sealed felony records, but not sealed misdemeanors or cases that did not result in a conviction.

    In contrast, expungement erases criminal court records permanently from the court system and other officials repositories, making them unavailable to anyone including employers and law enforcement.

    In summary, sealed criminal court records still exist but are no longer accessible to the public except law enforcement and a few employers. Conversely, expunged records are permanently destroyed and treated as though they never existed.

    How to Seal Criminal Court Records in Illinois

    Applicants may only request to have their Illinois criminal court records sealed if they meet the eligibility requirements. Subjects of a record are advised to consult an attorney or contact the Illinois State Appellate Defender for help in reviewing their cases and determining their eligibility for sealing. However, these types of offenses can be sealed in Illinois at any time:

    • Misdemeanor and felony arrests or charges that did not result in a conviction
    • Second-chance probations after successful completion of sentences
    • Minor traffic offenses where the subject was released without charge

    Most other eligible offenses can only be sealed after a waiting period of three years from the date of completion of the last sentence.

    The following types of offenses cannot be sealed:

    • Convictions and supervisions for minor traffic offenses
    • Driving offenses such as DUI and reckless driving
    • Domestic battery
    • Order of protection violations
    • Sexual offenses such as soliciting or patronizing a prostitute, public indecency, offenses that require registration under the Sexual Offender Registration Act, and misdemeanors listed in Article 11 of the Criminal Code (except prostitution)
    • Animal offenses such as dog fighting and beating an animal
    • New felony convictions following an earlier sealed felony conviction

    After determining eligibility for record sealing, qualified applicants should take the following steps:

    • Obtain copies of their criminal records, such as court dispositions and Illinois State Police Statewide Criminal History Transcript, from their official custodians (the Illinois State Police, local law enforcement agencies, or the relevant circuit court clerk).

    Applicants may also obtain a Chicago RAP (Record of Arrests and Prosecutions) sheet from the Chicago Police Department, where applicable.

    Other forms to be attached, such as Notice of Filing for Expungement and/or Sealing, Order to Expunge & Impound and/or Seal Criminal Records, and Order Denying Request to Expunge & Impound and/or Seal Criminal Records, are available on the State Appellate Defender's Expungement and Sealing website.

    • File the necessary forms with the circuit clerk in the county where the offense was charged or the applicant was arrested.
    • Obtain a scheduled court date for hearing (some counties will only schedule a court date if a relevant criminal justice agency opposes or objects to the request.

    During the hearing, the judge will review the applicant's case and decide whether to grant or deny the request, taking into account factors such as objections from criminal justice agencies, the applicant's eligibility, and the strength of the evidence presented.

    How to Expunge a Criminal Record in Illinois

    In Illinois, the process for expunging criminal records is largely the same as the process for sealing records, except for some differences in eligibility requirements and waiting periods. Expungement is mostly available for non-convictions, vacated or reversed convictions, and an eligible misdemeanor or class 4 conviction under the Illinois Cannabis Regulation and Tax Act. In limited cases, only sentences of court supervision (after a two-year waiting period) and qualified probation (after a five-year waiting period) may be eligible for expungement.

    Note: Pending criminal charges and uncompleted sentences disqualify an applicant from having their records sealed or expunged. Applicants who cannot afford the required filing and court fees may request a fee waiver via an Application for Waiver of Court Fees, which could allow them to file at reduced cost or for free.

    Detailed information regarding sealing and expungement of all kinds of records is available on the state's How to Expunge and/or Seal a Criminal Record document. Applicants may also consult the Expungement and Sealing Unit of the Office of the State Appellate Defender for questions and additional information.

    Criminal Records in Illinois vs Court Records

    In Illinois, criminal records, officially referred to as Criminal History Record Information (CHRI) under the Uniform Conviction Information Act, are primarily maintained by the Illinois State Police (ISP). CHRI is a statewide compilation of crime-related data reported by police departments, correctional facilities, state's attorneys, and circuit court clerks.

    By contrast, criminal court records are maintained by the circuit court clerks and are limited to the documents and filings created in the course of prosecuting an alleged offender.

    Requesting an Illinois Criminal History Record

    The Illinois State Police handles the collection, maintenance, dissemination, and all other aspects of criminal history records. Complete CHRI is not public information. Access is limited to the record subject, law enforcement agencies, state's attorneys, school districts for employment purposes, and certain other authorized entities like the Illinois Department of Corrections and liquor control commissions. Per the Uniform Conviction Information Act, only criminal history record conviction information is available to the public.

    How to Request an Illinois State Background Check

    The ISP's Bureau of Identification (BOI) handles statewide requests for criminal background checks and maintains a dedicated website for this purpose. On the bureau's Background Checks page, requesters can choose between a name-based search or a fingerprint-based search. Name-based background checks are conducted through the Criminal History Information Response Process (CHIRP), an online system for accessing criminal history records that requires user registration and login credentials.

    On the other hand, fingerprint-based checks must be processed by a licensed live-scan fingerprint vendor, who submits the subject's fingerprints electronically to the Illinois State Police. The ISP will then send any criminal records matching the fingerprints to the requester's specified address.

    Note: Out-of-state requesters follow the same procedures for criminal background checks as in-state requesters, but they will be required to fill out and submit an out-of-state request form for criminal history conviction information.

    Active vs Archived Criminal Cases in Illinois

    A criminal case is said to be active when it is still unresolved and can be tracked through active systems such as current court calendars and official online portals. In contrast, archived cases are closed cases that have been transferred to an off-site facility or a dedicated storage facility within the on-site location.

    Archived criminal court cases typically have different access rules than regular court documents and may involve longer processing times and more intricate request procedures. For example, the Clerk of the Circuit Court of Cook County advises researchers to allow 2 to 10 days after submitting a request to access records in its Archives Department.