In this article, we explain how to correct errors on your criminal record in Illinois. We explain the Illinois criminal record Access and Review Process, how to request a copy of your FBI criminal history, how to request Illinois criminal records, and how to challenge your Illinois criminal history.
The Illinois Access and Review Process allows people to request to review both their state and FBI criminal records and challenge any portions of the record that they believe to be erroneous.
In order to request a copy of your FBI criminal history, you should send a letter requesting a copy of your FBI criminal history record to the FBI at the following address:
FBI CJIS Division - Record Request
1000 Custer Hollow Road
Clarksburg, West Virginia 26308
Along with the letter, you must include fingerprint card form FD-258, which can be obtained at a local law enforcement agency, as well as a money order or certified check for $18.00.
The FBI will then send you a copy of your criminal history. If your FBI criminal history contains an error, you must challenge it with the local law enforcement agency.
Illinois law enforcement and correctional facilities are required by law to facilitate requests to access and review criminal records.
Upon receipt of an Access and Review request, the law enforcement agency will obtain fingerprints and other identification information from the requesting party and submit it on an Access and Review Fingerprint Card to the Illinois state police within 30 days.
Within 60 days of receiving an Access and Review form, the state police are required to send the local law enforcement agency a copy of the requesting party’s Illinois criminal history transcript along with a Record Challenge form. The local law enforcement agency will then contact the requesting party to review the transcript at the law enforcement facility.
In order to request a correction or modification of your Illinois criminal record, you should fill out the Record Challenge form that is received from the Illinois State Police after submitting an Access and Review request and send it to the Illinois State Police. The Illinois state police does not charge a fee for record challenges or access and review requests, but the local enforcement agency may charge a small fee for processing requests.
The Illinois State Police will provide you with a written response to the Record Challenge form, which will inform you either of any action taken to correct the criminal record or a statement that the Illinois State Police have decided not to make a correction.
If the Illinois State Police fail to take appropriate action to correct your criminal record, you should contact an attorney to assist you in appealing the process.
O'Flaherty Law is happy to meet with you by phone or at our office locations in: