Illinois Compiled Statutes
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.)
 
(20 ILCS 2630/1) (from Ch. 38, par. 206-1)
Sec. 1.
The Illinois State Police is hereby empowered to cope with the task of criminal
identification and investigation.
The Director of the Illinois 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.

(Source: P.A. 102-538, eff. 8-20-21.)
 
(20 ILCS 2630/2) (from Ch. 38, par. 206-2)
Sec. 2.
The Illinois State Police 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. 102-538, eff. 8-20-21.)
 
(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 Illinois 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 Illinois State Police 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 Illinois State Police and within 30 days of the
criminal history event. Specifically:
(Source: P.A. 102-538, eff. 8-20-21.)
 
(20 ILCS 2630/2.2)
Sec. 2.2. Notification to the Illinois State Police. Upon judgment of conviction of a violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 12-3.5 of the Criminal Code of 1961 or the Criminal Code of 2012 when the
defendant has been determined, pursuant to Section 112A-11.1 of the Code of Criminal Procedure of 1963,
to be subject to the prohibitions of 18 U.S.C. 922(g)(9), the circuit court clerk shall
include notification and a copy of the written determination in a report
of the conviction to the Illinois State Police Firearm Owner's Identification Card Office to
enable the office to perform its duties under Sections 4 and 8 of the Firearm Owners Identification Card Act and to report that determination to the Federal Bureau
of Investigation to assist the Bureau in identifying persons prohibited
from purchasing and possessing a firearm pursuant to the provisions of
18 U.S.C. 922. The written determination described in this Section shall be included in the defendant's record of arrest and conviction in the manner and form prescribed by the Illinois State Police.

(Source: P.A. 102-538, eff. 8-20-21.)
 
(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 Illinois State Police 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 Illinois State Police 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, private organizations, and requesting institutions as defined in Section 2605-345 of the Illinois State
Police Law under the
provisions of
Section 2605-10, 2605-15, 2605-51, 2605-52, 2605-75, 2605-190, 2605-200, 2605-205, 2605-210,
2605-215, 2605-250, 2605-275, 2605-305, 2605-315, 2605-325, 2605-335,
2605-340,
2605-345, 2605-350, 2605-355, 2605-360, 2605-365, 2605-375, 2605-400, 2605-405,
2605-420,
2605-430, 2605-435, 2605-525, or 2605-550 of the Illinois State
Police Law.
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:
(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 Illinois State Police for the purpose of obtaining
conviction information maintained by the Illinois State Police and the Federal Bureau of
Investigation about such persons. The Illinois State Police shall submit such
fingerprints to the Federal Bureau of Investigation on behalf of such agencies
and units of local government. The Illinois State Police shall charge an application fee,
based on actual costs, for the dissemination of conviction information pursuant
to this subsection. The Illinois State Police 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 Illinois State Police 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 Illinois State Police, 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 Illinois State Police shall establish and charge a fee, not to exceed actual costs,
for providing information pursuant to this subsection.

(Source: P.A. 102-538, eff. 8-20-21.)
 
(20 ILCS 2630/3.1) (from Ch. 38, par. 206-3.1)
Sec. 3.1. (a) The Illinois State Police 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,
Fingerprint Vendor, and Locksmith Act of 2004.
(b) The Illinois State Police 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 Illinois State Police 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 Illinois State Police 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. 102-538, eff. 8-20-21.)
 
(20 ILCS 2630/3.2) (from Ch. 38, par. 206-3.2)
Sec. 3.2.
(a) 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:
Any hospital, physician or nurse shall be forever held harmless from
any civil liability for their reasonable compliance with the provisions of
this Section.
(b) Notwithstanding subsection (a), nothing in this
Section shall be construed to require the reporting of lawful
health care activity, whether such activity may constitute a
violation of another state's law.
(c) As used in this Section:
"Lawful health care" means:
"Lawful health care activity" means seeking, providing,
receiving, assisting in seeking, providing, or receiving,
providing material support for, or traveling to obtain lawful
health care.
(Source: P.A. 102-1117, eff. 1-13-23.)
 
(20 ILCS 2630/3.3)
Sec. 3.3. Federal Rap Back Service.
(a) In this Section:
"National criminal history record check" means a check of criminal history records entailing the fingerprinting of the person and submission of the fingerprints to the United States Federal Bureau of Investigation for the purpose of obtaining the national criminal history record of the person from the Federal Bureau of Investigation.
"Rap Back Service" means the system that enables an authorized agency or entity to receive ongoing status notifications of any criminal history from the Illinois State Police or the Federal Bureau of Investigation reported on a person whose fingerprints are registered in the system, after approval and implementation of the system.
(b) Agencies and entities in this State authorized by law to conduct or obtain national criminal history background checks for persons shall be eligible to participate in the Federal Rap Back Service administered by the Illinois
State Police. The Illinois State Police may submit fingerprints to the Federal Bureau of Investigation Rap Back Service to be retained in the Federal Bureau of Investigation Rap Back Service for the purpose of being searched by future submissions to the Federal Bureau of Investigation Rap Back Service, including latent fingerprint searches and to collect all Federal Rap Back Service fees from eligible agencies and entities wishing to participate in the Rap Back Service and remit those fees to the Federal Bureau of Investigation.
(c) The Illinois State Police may adopt any rules necessary for implementation of this Section.

(Source: P.A. 102-538, eff. 8-20-21.)
 
(20 ILCS 2630/4) (from Ch. 38, par. 206-4)
Sec. 4. The Illinois State Police may use the following systems of identification: the Bertillon system, the fingerprint 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 Illinois State Police shall make a record consisting of duplicates of all
measurements, processes, operations, signaletic 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: P.A. 102-538, eff. 8-20-21.)
 
(20 ILCS 2630/4.5)
Sec. 4.5. Ethnic and racial data collection.
(a) Ethnic and racial data for every adult or juvenile arrested shall be collected at the following points of contact by the entity identified in this subsection or another entity authorized and qualified to collect and report on this data:
(b) Ethnic and racial data shall be collected through selection of one of the following categories:
(c) The collecting entity shall make a good-faith effort to collect race and ethnicity information as self-reported by the adult or juvenile. If the adult or juvenile is unable or unwilling to provide race and ethnicity information, the collecting entity shall make a good-faith effort to deduce the race and ethnicity of the adult or juvenile.

(Source: P.A. 98-528, eff. 1-1-15; 99-78, eff. 7-20-15.)
 
(20 ILCS 2630/5) (from Ch. 38, par. 206-5)
Sec. 5. Arrest reports. All policing bodies of this State shall furnish to the Illinois State Police,
daily, in the form and detail the Illinois State Police requires, fingerprints,
descriptions, and ethnic and racial background data as provided in Section 4.5 of this Act 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. Those law enforcement records maintained by the Illinois State Police for minors arrested for an offense prior to their 17th birthday, or minors arrested for a non-felony offense, if committed by an adult, prior to their 18th birthday, shall not be forwarded to the Federal Bureau of Investigation unless those records relate to an arrest in which a minor was charged as an adult under any of the transfer provisions of the Juvenile Court Act of 1987.
(Source: P.A. 102-538, eff. 8-20-21.)
 
(20 ILCS 2630/5.1) (from Ch. 38, par. 206-5.1)
Sec. 5.1.
(Repealed).


(Source: P.A. 81-921. Repealed by P.A. 99-352, eff. 1-1-16.)
 
(20 ILCS 2630/5.2)
Sec. 5.2. Expungement, sealing, and immediate sealing.
(a) General Provisions.
(b) Expungement.
(c) Sealing.
(d) Procedure. The following procedures apply to expungement under subsections (b), (e), and (e-6) and sealing under subsections (c) and (e-5):
(e) Whenever a person who has been convicted of an offense is granted
a pardon by the Governor which specifically authorizes expungement, he or she 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, 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 circuit court clerk and the Illinois State Police 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 or she 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 Illinois State Police may be disseminated by the Illinois State Police only 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 Illinois State Police
pertaining to that individual. Upon entry of the order of expungement, the
circuit court clerk shall promptly mail a copy of the order to the
person who was pardoned.
(e-5) Whenever a person who has been convicted of an offense is granted a certificate of eligibility for sealing by the Prisoner Review Board which specifically authorizes sealing, he or she 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 petitioner's trial, have a court order entered sealing the record of arrest from the official records of the arresting authority and order that the records of the circuit court clerk and the Illinois State Police be sealed until further order of the court upon good cause shown or as otherwise provided herein, and the name of the petitioner 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 or she had been granted the certificate 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 Illinois State Police may be disseminated by the Illinois State Police only as required by this Act or to the arresting authority, a law enforcement agency, 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 Illinois State Police pertaining to that individual. Upon entry of the order of sealing, the circuit court clerk shall promptly mail a copy of the order to the person who was granted the certificate of eligibility for sealing.
(e-6) Whenever a person who has been convicted of an offense is granted a certificate of eligibility for expungement by the Prisoner Review Board which specifically authorizes expungement, he or she 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 petitioner's trial, 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 circuit court clerk and the Illinois State Police be sealed until further order of the court upon good cause shown or as otherwise provided herein, and the name of the petitioner 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 or she had been granted the certificate 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 Illinois State Police may be disseminated by the Illinois State Police only as required by this Act or to the arresting authority, a law enforcement agency, 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 expunged records of the Illinois State Police pertaining to that individual. Upon entry of the order of expungement, the circuit court clerk shall promptly mail a copy of the order to the person who was granted the certificate of eligibility for expungement.
(f) 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. 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, 2010.
(g) Immediate Sealing.
(h) Sealing; trafficking victims.
(i) Minor Cannabis Offenses under the Cannabis Control Act.
(j) Felony Prostitution Convictions.
 
(20 ILCS 2630/7) (from Ch. 38, par. 206-7)
Sec. 7.
No file or record of the Illinois State Police 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 the Illinois State Police 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 Illinois State Police to release
information as to the existence or nonexistence of any criminal record
he might have, the Illinois State Police shall do so upon determining that the
person for whom the record is to be released is actually the person
making the request. The Illinois State Police shall establish reasonable fees and
rules to allow an individual to review and correct any criminal history
record information the Illinois State Police 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. 102-538, eff. 8-20-21.)
 
(20 ILCS 2630/7.5)
Sec. 7.5. Notification of outstanding warrant. If the existence of an outstanding arrest warrant is identified by the Illinois State Police in connection with the criminal history background checks conducted pursuant to subsection (b) of Section 2-201.5 of the Nursing Home Care Act, Section 2-201.5 of the ID/DD Community Care Act, Section 2-201.5 of the MC/DD Act, or subsection (d) of Section 6.09 of the Hospital Licensing Act, the Illinois State Police shall notify the jurisdiction issuing the warrant of the following:
Local issuing jurisdictions shall be aware that nursing facilities have residents who may be fragile or vulnerable or who may have a mental illness. When serving a warrant, law enforcement shall make every attempt to mitigate the adverse impact on other facility residents.

(Source: P.A. 102-538, eff. 8-20-21.)
 
(20 ILCS 2630/8) (from Ch. 38, par. 206-8)
Sec. 8. Crime statistics; sex offenders.
(a) The Illinois State Police 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.
(b) The Illinois State Police shall develop information relating to the number of sex offenders and sexual predators as defined in Section 2 of the Sex Offender Registration Act who are placed on parole, mandatory supervised release, or extended mandatory supervised release and who are subject to electronic monitoring.


(Source: P.A. 102-538, eff. 8-20-21.)
 
(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 Illinois State Police.
(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 Illinois State Police.
(c) The Illinois State Police shall be the State central repository for all dental
records submitted pursuant to this Section. The Illinois State Police 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 Illinois State Police, the law enforcement agency
which submitted that person's dental records to the Illinois State Police shall report
that fact to the Illinois State Police and the Illinois State Police shall expunge the dental
records of that person from the Illinois State Police's file.
The Illinois State Police 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. 102-538, eff. 8-20-21.)
 
(20 ILCS 2630/9.5)
Sec. 9.5. Material for DNA fingerprint analysis. Every county medical examiner and coroner shall provide to the Illinois State Police a sample of dried blood and buccal specimens (tissue may be submitted if no uncontaminated blood or buccal specimens can be obtained) from a dead body for DNA fingerprint analysis if the Illinois State Police notifies the medical examiner or coroner that the Illinois State Police has determined that providing that sample may be useful for law enforcement purposes in a criminal investigation. In addition, if a local law enforcement agency notifies a county medical examiner or coroner that such a sample would be useful in a criminal examination, the county medical examiner or coroner shall provide a sample to the local law enforcement agency for submission to the Illinois State Police.

(Source: P.A. 102-538, eff. 8-20-21.)
 
(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 Illinois State Police
may request the Attorney General to bring any such action
authorized by this subsection.

(Source: P.A. 102-538, eff. 8-20-21.)
 
(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.)
 
(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. The entity authorized to grant a license, certification, or registration shall include in an application for licensure, certification, or registration specific language stating that the applicant is not obligated to disclose sealed or expunged records of a conviction or arrest; however, if the inclusion of that language in an application for licensure, certification, or registration is not practical, the entity shall publish on its website instructions specifying that applicants are not obligated to disclose sealed or expunged records of a 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. 100-286, eff. 1-1-18.)
 
(20 ILCS 2630/13)
Sec. 13. Retention and release of sealed records.
(a) The Illinois State Police shall retain records sealed under
subsection (c) or (e-5) of Section 5.2 or impounded under subparagraph (B) or (B-5) of paragraph (9) of subsection (d) of Section 5.2 and shall release them only as authorized by this Act. Felony records sealed under subsection (c) or (e-5) of Section 5.2 or impounded under subparagraph (B) or (B-5) of paragraph (9) of subsection (d) of Section 5.2

shall be used and
disseminated by the Illinois State Police 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 Illinois State Police pertaining to that
individual.
(b) Notwithstanding the foregoing, all sealed or impounded 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 or impounded records maintained under subsection (a) are exempt from
disclosure under the Freedom of Information Act.
(d) The Illinois State Police shall commence the sealing of records of felony arrests and felony convictions pursuant to the provisions of subsection (c) of Section 5.2 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. 102-538, eff. 8-20-21.)
 
(20 ILCS 2630/14)
Sec. 14. Expungement Backlog Accountability Law.
(a) On or before August 1 of each year, the Illinois State Police shall report to the Governor, the Attorney General, the Office of the State Appellate Defender, and both houses of the General Assembly the following information for the previous fiscal year:
(b) The information reported under this Section shall be made available to the public, at the time it is reported, on the official web site of the Illinois State Police.
(c) Upon request of a State's Attorney or the Attorney General, the Illinois State Police shall provide within 90 days a list of all orders to expunge or seal with which the Illinois State Police has not yet complied. This list shall include the date of the order, the name of the petitioner, the case number, and a detailed statement of the basis for non-compliance.

(Source: P.A. 102-538, eff. 8-20-21.)

Structure Illinois Compiled Statutes