Illinois Compiled Statutes
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50 ILCS 205/4
(50 ILCS 205/4)
(from Ch. 116, par. 43.104)
(a) Except as otherwise provided in subsection (b) of this Section, all public records made or received by, or under the
authority of, or coming into the custody, control or possession of any
officer or agency shall not be mutilated, destroyed, transferred,
removed or otherwise damaged or disposed of, in whole or in part, except
as provided by law. Any person who knowingly, without lawful authority and with the intent to defraud any party, public officer, or entity, alters, destroys, defaces, removes, or conceals any public record commits a Class 4 felony.
Court records filed with the clerks of the Circuit Court shall be
destroyed in accordance with the Supreme
Court's General Administrative Order on Recordkeeping in the Circuit
Courts. The clerks of the Circuit Courts shall notify the Supreme Court,
in writing, specifying case records or other documents which they intend to
destroy. The Supreme Court shall review the schedule of items to be destroyed
and notify the appropriate Local Records Commission of the Court's intent to
destroy such records. The Local Records Commission, within 90 days after
receipt of the Supreme Court's notice, may undertake to photograph,
microphotograph, or digitize electronically any or all such records and
documents, or, in the
alternative, may transport such original records to the State Archives
or other storage location under its supervision.
The Archivist may accept for deposit in the State Archives or
regional depositories official papers, drawings, maps, writings and
records of every description of counties, municipal corporations,
political subdivisions and courts of this State, when such materials are
deemed by the Archivist to have sufficient historical or other value to
warrant their continued preservation by the State of Illinois.
The officer or clerk depositing such records may, upon request,
obtain from the Archivist, without charge, a certified copy or
reproduction of any specific record, paper or document when such record,
paper or document is required for public use.
(b) Upon request from a chief of police, county sheriff, or State's Attorney, if a person has been arrested for a criminal offense and an investigation reveals that the person arrested was not in fact the individual the arresting officer believed him or her to be, the law enforcement agency whose officers made the arrest shall delete or retract the arrest records of that person whom the investigation revealed as not the individual the arresting officer believed him or her to be. In this subsection (b):
"Arrest records" are as described in Section 3b of
"Law enforcement agency" means an agency of a unit of
local government which is vested by law or ordinance with the duty to maintain public order and to enforce criminal laws or ordinances.
(Source: P.A. 98-1063, eff. 1-1-15; 99-363, eff. 1-1-16