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How to Correct Your Criminal Record in Illinois

Updated on
October 28, 2019
Article written by
Attorney Kevin O'Flaherty

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 Criminal Record Access and Review Process Explained

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.

How to Request a Copy of Your FBI Criminal History

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.

How to Request Illinois Criminal Records

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.  

How to Challenge Your Illinois Criminal History

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.

How to Correct Your Criminal Record in Illinois
Author

Attorney Kevin O'Flaherty

Kevin O’Flaherty is a graduate of the University of Iowa and Chicago-Kent College of Law. He has experience in litigation, estate planning, bankruptcy, real estate, and comprehensive business representation.

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