AUTHORITY: Implementing and authorized by Section 19 of the Illinois Uniform Conviction Information Act [20 ILCS 2635/19] and authorized by Section 2605-15 of the Civil Administrative Code of Illinois [20 ILCS 2605/2605-15].

SOURCE: Adopted at 15 Ill. Reg. 1107, effective January 14, 1991; amended at 22 Ill. Reg. 6234, effective March 23, 1998; amended at 29 Ill. Reg. 14346, effective September 12, 2005.

SUBPART A: PROMULGATION

 

Section 1215.10  Purpose

 

The purpose of this Part is to provide requirements and procedures for uniform public access to conviction records.

 

Section 1215.20  Definitions

 

Unless specified otherwise, all terms shall have the meaning set forth in Section 3 of the Illinois Uniform Conviction Information Act [20 ILCS 2635/3].

 

(Source:  Amended at 22 Ill. Reg. 6234, effective March 23, 1998)

SUBPART B: OPERATIONS FOR PROCESSING REQUESTS

 

Section 1215.30  Written Request Procedures

 

a)         Requests for conviction information shall be made by completing a Conviction Information Request form provided by the Illinois State Police.  These forms shall be made available through the Bureau of Identification, 260 North Chicago Street, Joliet, Illinois 60432-4072.  In order to be processed, Conviction Information Request forms shall at a minimum include a complete and accurate mailing address for the requester, an indication of whether the request is for licensing or employment purposes, and the record subject's name, race, sex, and date of birth.

 

b)         If the request is for employment or licensing purposes, the requester shall retain a release on file for at least two years signed by the individual to whom the information pertains.  The requester shall notify the individual named in the request that the individual has the obligation and responsibility to notify the requester within seven days if the information provided is incomplete or incorrect.  A copy of the response furnished by the Department shall be provided by the requester to the individual named in the request.

 

c)         All requests shall be accompanied by the correct fee as established in Section 1215.50 and paid in the form of a check or money order, unless other payment arrangements are approved by the Department.

 

(Source:  Amended at 29 Ill. Reg. 14346, effective September 12, 2005)

 

Section 1215.35  Automated Request Procedures

 

a)         Requests submitted in an automated format shall be made in accordance with record layout formats, software and hardware specifications, or other guidelines suitable for electronic transmission and reception of data by Department equipment.

 

b)         Automated Conviction Information Requests shall at a minimum include the record subject's name, race, sex and date of birth.  The requester must also provide a complete and accurate mailing address, e-mail address, or fax number for the requester in order to receive responses.  The requester must sign a user's agreement to be provided by the Department.

 

c)         If the request is for employment or licensing purposes, the requester shall maintain a release on file for at least two years signed by the individual to whom the information pertains.  The requester shall notify the individual named in the request that the individual has the obligation and responsibility to notify the requester within seven days if the information provided is incomplete or incorrect.  A copy of the response furnished by the Department shall be provided by the requester to the individual named in the request.

 

d)         All requests shall be accompanied by the correct fee as established in Section 1215.50 and paid in the form of a check or money order, unless other payment arrangements are approved by the Department.

 

(Source:  Amended at 29 Ill. Reg. 14346, effective September 12, 2005)

 

Section 1215.40  Response Procedures

 

Prior to disseminating conviction information, the Department shall review its inprocess files to ensure that the information to be disseminated is complete.  The Department shall forward responses to requests to the requester at the address, e-mail address, or fax number indicated on the Conviction Information Request form.

 

(Source:  Amended at 29 Ill. Reg. 14346, effective September 12, 2005)

 

Section 1215.50  Fees

 

The fees for processing requests for conviction information shall be as follows: 

 

Uniform Conviction Information Act fingerprint
inquiries submitted electronically	$15 per inquiry
Uniform Conviction Information Act electronic
name inquiries	$10 per name
Uniform Conviction Information Act name
inquiries submitted on paper forms	$16 per inquiry
Uniform Conviction Information Act fingerprint
inquiries submitted on paper forms	$20 per inquiry

 

The fees shall not exceed the general costs for processing  requests.  The general costs shall include, but are not limited to, personnel, supervision and training, hardware, software, network infrastructure, telephone, electric, equipment, printing, postage, facilities, forms, and miscellaneous related costs.

 

(Source:  Amended at 29 Ill. Reg. 14346, effective September 12, 2005)