Illinois Compiled Statutes
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20 ILCS 2635/3
(20 ILCS 2635/3)
(from Ch. 38, par. 1603)
Whenever used in this Act, and for the purposes
of this Act, unless the context clearly indicates otherwise:
(A) "Accurate" means factually correct, containing no mistake or error
of a material nature.
(B) The phrase "administer the criminal laws" includes any of the
following activities: intelligence gathering, surveillance, criminal
investigation, crime detection and prevention (including research),
apprehension, detention, pretrial or post-trial release, prosecution, the
correctional supervision or rehabilitation of accused persons or criminal
offenders, criminal identification activities, data analysis and research done by the sentencing commission, or the collection,
maintenance or dissemination of criminal history record information.
(C) "The Authority" means the Illinois Criminal Justice Information
(D) "Automated" means the utilization of computers, telecommunication
lines, or other automatic data processing equipment for data collection or
storage, analysis, processing, preservation, maintenance, dissemination, or
display and is distinguished from a system in which such activities are
(E) "Complete" means accurately reflecting all the criminal history
record information about an individual that is required to be reported to
the Department pursuant to Section 2.1 of the Criminal Identification Act.
(F) "Conviction information" means data reflecting a judgment of guilt
or nolo contendere. The term includes all prior and subsequent criminal
history events directly relating to such judgments, such as, but not
limited to: (1) the notation of arrest; (2) the notation of charges filed;
(3) the sentence imposed; (4) the fine imposed; and (5) all related
probation, parole, and release information. Information ceases to be
"conviction information" when a judgment of guilt is reversed or vacated.
For purposes of this Act, continuances to a date certain in furtherance
of an order of supervision granted under Section 5-6-1 of the Unified Code
of Corrections or an order of probation granted under either Section 10 of
the Cannabis Control Act, Section 410 of the Illinois Controlled
Substances Act, Section 70 of the Methamphetamine Control and Community Protection Act, Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of the Criminal Code of 1961 or the Criminal Code of 2012, Section
10-102 of the Illinois Alcoholism and Other Drug Dependency Act, Section
40-10 of the Substance Use Disorder Act, or Section
10 of the Steroid Control Act shall not be deemed "conviction information".
(G) "Criminal history record information" means data identifiable to an
individual, including information collected under Section 4.5 of the Criminal Identification Act, and consisting of descriptions or notations of arrests,
detentions, indictments, informations, pretrial proceedings, trials, or
other formal events in the criminal justice system or descriptions or
notations of criminal charges (including criminal violations of local
municipal ordinances) and the nature of any disposition arising therefrom,
including sentencing, court or correctional supervision, rehabilitation and
release. The term does not apply to statistical records and reports in
which individuals are not identified and from which their identities are not
ascertainable, or to information that is for criminal investigative or
(H) "Criminal justice agency" means (1) a government agency or any
subunit thereof which is authorized to administer the criminal laws and
which allocates a substantial part of its annual budget for that purpose,
or (2) an agency supported by public funds which is authorized as its
principal function to administer the criminal laws and which is officially
designated by the Department as a criminal justice agency for purposes of
(I) "The Department" means the Illinois Department of State Police.
(J) "Director" means the Director of the Illinois Department of State
(K) "Disseminate" means to disclose or transmit conviction information
in any form, oral, written, or otherwise.
(L) "Exigency" means pending danger or the threat of pending danger to
an individual or property.
(M) "Non-criminal justice agency" means a State agency, Federal agency,
or unit of local government that is not a criminal justice agency. The
term does not refer to private individuals, corporations, or
non-governmental agencies or organizations.
(M-5) "Request" means the submission to the Department, in the form and
manner required, the necessary data elements or fingerprints, or both, to allow
the Department to initiate a search of its criminal history record information
(N) "Requester" means any private individual, corporation, organization,
employer, employment agency, labor organization, or non-criminal justice
agency that has made a request pursuant to this Act
conviction information maintained in the files of the Department of State
Police regarding a particular individual.
(O) "Statistical information" means data from which the identity of an
individual cannot be ascertained, reconstructed, or verified and to which
the identity of an individual cannot be linked by the recipient of the
(P) "Sentencing commission" means the Sentencing Policy Advisory Council.
(Source: P.A. 99-880, eff. 8-22-16; 100-201, eff. 8-18-17; 100-759, eff. 1-1-19