Crime & Traffic
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This page answers common questions about criminal records in Illinois, including how they’re created, who can see them, how they might affect your life, how to fix mistakes, and ways to clear them.
How are criminal records created?
Criminal records are created when law enforcement agencies document arrests, charges, and court proceedings. Courts also create these records by recording the outcomes of criminal cases, such as convictions and sentences. These records are kept by the arresting police agency and the court system and are often sent to the Illinois State Police's Bureau of Identification, which is the main place for storing criminal history information.
Does a juvenile record show up on an adult criminal record?
Juvenile arrest and court records in Illinois are supposed to be kept private unless you are prosecuted as an adult. Only certain government agencies, some employers, and you can see these records. This is different from adult records, which are public and can be seen by anyone. Juvenile records have stronger privacy protections to help prevent long-term impacts. Occasionally, a juvenile arrest may show up on an adult RAP sheet. If this happens, you may need to go through the juvenile records expungement. Learn more about expunging or sealing juvenile records.
How long do criminal records stay on someone’s background and who can see these records?
In Illinois, criminal records stay on your background indefinitely and can be viewed by the public, including potential employers and landlords, unless they are expunged or sealed. Expungement removes the record completely, while sealing hides it from most people, except for law enforcement and fingerprint-based background checks. Learn more about expunging or sealing a criminal record.
Juvenile criminal records are treated differently. They have stronger privacy protections and are generally less accessible than adult records. Learn about juvenile records.
How do you clear a criminal record?
You can clear your record by sealing it or expunging it. Sealing hides your record from most people, while expunging removes it completely. Whether you qualify depends on the crime, what happened in your case, and how long ago it was. If you cannot seal or expunge your record, you might be eligible for a pardon or a certificate of good conduct. Learn how to expunge or seal a criminal record.
How do I get copies of my criminal records?
Learn how to get copies of your adult criminal record.
Getting a copy of your juvenile record in Illinois is harder than getting an adult criminal record because juvenile records are usually private. If your arrest was in Chicago or suburban Cook County, follow these steps. If it was elsewhere in Illinois, contact the court clerk’s office for the court that handled your case and ask what you need to do to access your record.
How can I find out if I have an arrest warrant before getting a copy of my records?
If you have an arrest warrant, the police can arrest you anywhere, including if you go to the police station to get a copy of your records. If you are concerned, talk to a lawyer first. A lawyer can explain your options and may be able to check for a warrant on your behalf.
You can call the circuit court clerk in the county where the warrant was issued to ask if one exists, but their records may take a few days to update. Some counties and cities have online search tools, but these may not be updated regularly or may be incomplete.
When do I need an FBI background check, and how do I get one?
An FBI background check, also known as an Identity History Summary, shows if you have a criminal record anywhere in the U.S. It’s often required for jobs, professional licenses, immigration, adoption, or other situations where a full criminal history is needed.
To get one, you must submit your fingerprints and pay a fee. You can apply online through the FBI or by mail. Some people use a private company (called a channeler) to help with the process.. Learn how to complete an FBI background check.
What is a RAP sheet?
A RAP sheet, or Record of Arrests and Prosecutions, is an official record that lists a person’s criminal history, including arrests, charges, and the outcomes of those charges. Learn how to request a copy of your RAP sheet.
How do I read my criminal records?
There are three types of criminal records in Illinois:
- Court Disposition: The final judgment or outcome in a court case. There are no court dispositions for arrests or charges that did not lead to a court case.
- Chicago RAP Sheet (Record of Arrests and Prosecutions): List of all arrests, charges, and court case outcomes that happened in Chicago.
- Illinois State Police Statewide Criminal History Transcript: List of most arrests and convictions that happened in Illinois.
See these record samples to understand what is included in your records and how to find the information you will need when trying to expunge or seal your records. Learn more about what the abbreviations on your RAP sheets mean.
What do the abbreviations on a RAP sheet and other criminal records mean?
See these record samples to understand what is included in your records and how to find the information you will need when trying to expunge or seal your records. Learn what the abbreviations on your RAP sheets mean.
What if there are errors on an Illinois criminal history transcript?
When you get your criminal history from the Illinois State Police (ISP), you should receive a Record Challenge form to revise your transcript or make corrections. If there are errors in your criminal history transcription, you can complete the Record Challenge form, attach documents, and return it to the address provided.
This form may not always be included if you ask for your ISP criminal history as part of your RAP sheet request. If it is not included, you can request a form, fill out the appropriate mistakes, errors, or challenges, and return the form to the appropriate agency.
Once your corrections are verified, you should receive confirmation from the appropriate agency.
Note: If someone commits a crime using your ID, the criminal record could be under your name. Learn about the process to remove the record due to criminal identity theft.
Do I have to tell employers about my adult criminal record?
Whether you need to tell employers about your criminal record depends on the situation and the type of record you have. If your record has been expunged or sealed, you generally do not have to disclose it to most employers. Learn when an employer may consider a criminal record.
Do I have to tell employers about my juvenile record?
No. Employers can’t deny you a job or license based on your juvenile record, and you’re not required to answer questions about it even if the record was not expunged. Learn more about juvenile records.
Can I get a gun with a criminal record?
To own a gun in Illinois, you must have a FOID card from the State Police. Certain criminal records such as forcible felonies, recent violent crimes, or specific drug offenses can automatically disqualify you, while less serious offenses might allow you to appeal the decision or seek a pardon. If you are under an Order of Protection or face other disqualifications, you may also be ineligible. Learn more about FOID eligibility and the appeal process.
Why is my mugshot online?
Mugshots are the property of the government. They are a part of the public record. Most mugshots are released by state law enforcement agencies. They must be made available to the media. The police and the media are allowed to publish them. Generally, they don’t have to take them down, even if you ask.
The only way to remove your mugshot from the public record is to expunge or seal your criminal record. Expunged records are destroyed. Sealed records are restricted from public access. Visit Starting a case to expunge or seal a criminal record for a step-by-step guide.
The police cannot post mugshots on their social media for civil offenses, petty offenses, business offenses, Class C misdemeanors, or Class B misdemeanors unless it is needed to help find missing persons, fugitives, or suspects. For crimes not on this list, posting a mugshot is allowed, but some police departments may have their own policies about what they post.
Can websites post my mugshot or criminal history?
Yes, websites can post this information, but it must be accurate and up to date. They are required to correct errors within 5 days of being notified. It is illegal for websites to charge a fee to remove mugshots.
What should I do if a website has inaccurate information about my criminal history?
Write them a letter asking them to fix the error under 815 ILCS 505/2QQQ(d). Explain what is wrong with the information and how it must be corrected. Send the letter via certified mail.
If the information is still wrong 5 business days after they receive the letter, you can sue them in court. You can win $100/day for each day the information is posted. Talk to a lawyer first, because you can get the lawyer's fees paid for by the website owners.
If a website or third-party background check company still returns information on a case that has been expunged or sealed, you may have a cause of action under 15 USC 1681e(b) or 15 USC 1681k, the Fair Credit Reporting Act. Talk to a lawyer to discuss your options for filing a lawsuit.