How To Search Recent Arrests & Learn Why Someone Is in Jail in Illinois: Try This Search for Free More about the laws surrounding background checks in Illinois can be found further below. An arrest record may be how to find out what someone was arrested for, but may not show what they were convicted of. This distinction between the two types of records is why agencies or businesses are advised against using just arrest records to make hiring decisions, and are provided guidance from state and federal sources, such as the Equal Employment Opportunity Commission, on uses of criminal history when on-boarding new staff. Only convictions for misdemeanor or felony offenses become part of the public criminal record report. Illinois criminal records show all the data included in an arrest record plus what happened with the case in court, and if there is a non-conviction, such as a dismissal or acquittal, the matter will not appear on an official criminal history report. 3Īrrest records are public record, and can be requested by anyone, but they are only one part of the total Illinois criminal history. Because Illinois law prohibits background checks from placing non-conviction information on a report, an arrest may not even show up until there is a disposition against the defendant. It is not a record of disposition, so an arrest record is only a portion of an overall criminal history. Arrest records do not show anything beyond the initial law enforcement contact with the suspect. Illinois Criminal Records vs Arrest Records: Differences Between Each TypeĪrrest records in Illinois reveal that a person was taken into custody by law enforcement, housed in a detention facility until bonded out or until trial, and that the person was accused of committing a criminal offense. ![]() Understanding the difference between an arrest record and a criminal history helps hiring managers, landlords or licensing boards make decisions on candidate applications. ![]() In addition, per 20 ILCS 2635, certified or official background checks can only reveal convictions, not non-convictions, on any records requested by the public for adult criminal history. 2 These records will not appear on daily arrests reports. 1Ĭertain criminal or arrest records are not considered public including juvenile delinquency records, matters that have been sealed or expunged, or those that are otherwise restricted by the courts or state law (such as investigative reports while a case is still be adjudicated or information that identifies witnesses, victims or confidential informants).
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