Section 1210.10  Definitions

 

"Criminal History Record Information" means data identifiable to an individual and consisting of descriptions or notations of arrests, detentions, indictments, information, 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 of correctional supervision, rehabilitation and release.

 

"Criminal History Transcript" means a printed record of criminal history record information maintained by the Department with respect to a particular individual.

 

"Department" means the Illinois Department of State Police.

 

Section 1210.20  Procedures

 

a)         Any individual may approach any Illinois law enforcement or correctional facility, licensed fingerprint vendor, or licensed fingerprint vendor agency during regular business hours for the purpose of obtaining the individual's criminal history transcript.

 

b)         In response to a request for a criminal history transcript, the facility, vendor or vendor agency shall obtain fingerprints from the individual and other identification information.

 

c)         Within 5 days after the request, the facility, vendor or vendor agency shall forward to the Department the fingerprints and identifying information.

 

d)         Within 7 days after receiving the fingerprints and identifying information that meet Departmental submission standards via electronic submission or 45 days after receiving the fingerprints and identifying information that meet Departmental submission standards via fingerprint card, the Department shall send the individual's criminal history transcript or, if no criminal history is found, a written statement so stating to the address provided by the individual or to the law enforcement or correctional facility pursuant to subsection (e).

 

e)         The individual may list the address of the law enforcement or correctional facility or his/her place of residence as the address where the criminal history transcript or written statement that no criminal history was found should be mailed.  If mailed or transmitted to the facility, the individual shall be notified, within 2 days after the receipt of the criminal history transcript or statement, that no criminal history was found and shall release the document only to the individual.  If the document is not retrieved within 45 days after notification to the individual, the facility shall destroy the criminal history transcript or statement that no criminal record was found.

 

f)         This Section will generally become effective for individuals on July 15, 2015.  By that time, the corresponding technological changes will have been implemented.  However, effective immediately, an individual who initiates the access and review process under this Part by making the request at a law enforcement or correctional facility shall be entitled to obtain a copy of the transcript from that facility under subsection (e).

 

(Source:  Amended at 39 Ill. Reg. 3431, effective February 23, 2015)

 

Section 1210.30  Fee

 

The facility, licensed fingerprint vendor, or licensed fingerprint vendor agency of which the request is made may charge a fee of up to the actual cost of processing the request.  This fee may be waived.

 

(Source:  Amended at 39 Ill. Reg. 3431, effective February 23, 2015)

 

Section 1210.40  Challenges

 

a)         An individual who believes his or her criminal history transcript is inaccurate may request a correction by submitting a written explanation to the Department.

 

b)         In the event the Department's response is not satisfactory to the individual, the individual may further pursue the matter using the administrative appeal procedures established by the Illinois Criminal Justice Information Authority (see 20 Ill. Adm. Code 1510).

 

(Source:  Amended at 26 Ill. Reg. 12638, effective August 2, 2002)