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Cass County, Illinois Arrest Records

Are Arrest Records Public in Cass County, Illinois?

Arrest records are public documents in Cass County, Illinois, pursuant to the Illinois Freedom of Information Act (5 ILCS 140/1 et seq.). This legislation establishes that government records, including those pertaining to arrests, shall be accessible to the public unless specifically exempted by statute. The Illinois FOIA promotes governmental transparency by ensuring citizens can obtain information about law enforcement activities within the county. Members of the public may request these records to verify arrests, conduct background checks, or for research purposes. The Cass County Sheriff's Department maintains these records in accordance with state regulations and makes them available through established protocols.

Requesters should note that while arrest records are generally public, certain information may be redacted to protect privacy interests as outlined in 5 ILCS 140/7, including information that would constitute an unwarranted invasion of personal privacy or compromise ongoing investigations.

Can Arrest Records be Found Online in Cass County?

Cass County arrest records are accessible through various online platforms maintained by county and state agencies. The Cass County Sheriff's Department provides electronic access to certain arrest information through their official website. Additionally, the Circuit Court Clerk's office maintains digital records of court proceedings related to arrests.

Online accessibility is subject to the following conditions:

  • Records may not be immediately available online following an arrest
  • Some detailed information may require in-person requests
  • Older records may not be fully digitized
  • System maintenance may temporarily affect availability

The Illinois Compiled Statutes (725 ILCS 5/109-1) requires that arrest information be processed and made available within specified timeframes, though the method of access may vary. Users of online systems should be aware that the most comprehensive and current information may still require direct contact with county offices.

How to Look Up Cass County Arrest Records in 2025

Members of the public seeking Cass County arrest records in 2025 have multiple methods available for accessing this information. Each method offers different advantages depending on the requester's specific needs and time constraints.

In-person requests can be submitted at:

Cass County Sheriff's Office
301 E Oak Street
Virginia, IL 62691
Phone: (217) 452-7718
Cass County Sheriff's Department

Cass County Circuit Clerk
100 E Springfield Street
Virginia, IL 62691
Phone: (217) 452-7717
Circuit Court Clerk's Office

Office hours for both agencies are Monday through Friday, 8:30 AM to 4:30 PM, excluding county holidays.

Additional methods for obtaining arrest records include:

  • Submitting a written FOIA request via mail or email to the Records Custodian
  • Utilizing public access terminals available at the Cass County Courthouse
  • Accessing the Illinois Department of Corrections inmate search for information on individuals currently in custody
  • Requesting certified copies of court records related to arrests from the Circuit Clerk (fees may apply per 705 ILCS 105/27.2)

Pursuant to 5 ILCS 140/3, public bodies must respond to FOIA requests within 5 business days, though extensions may apply for certain circumstances.

Contents of a Cass County Arrest Record

Cass County arrest records contain standardized information as mandated by Illinois law (20 ILCS 2630/2.1) and local record-keeping protocols. These records serve as official documentation of law enforcement actions and typically include the following components:

  • Subject identification information:

    • Full legal name and any known aliases
    • Date of birth
    • Physical description (height, weight, identifying marks)
    • Residence address (may be redacted in public versions)
    • State identification number (SID) and FBI number when applicable
  • Arrest details:

    • Date, time, and location of arrest
    • Arresting agency and officer identification
    • Statutory citations for alleged violations
    • Booking number and facility information
    • Arrest circumstances and probable cause summary
  • Case processing information:

    • Court case number when assigned
    • Bond amount and conditions
    • Preliminary hearing date
    • Custody status
  • Biometric data (access may be restricted):

    • Fingerprint classifications
    • Booking photographs (mugshots)
    • DNA collection status if applicable

The Illinois Criminal Identification Act (20 ILCS 2630/1 et seq.) governs the collection and dissemination of criminal history record information. Certain sensitive information may be redacted from public versions of arrest records in accordance with privacy protections under state law.

Expungement of Arrest Records in Cass County

The expungement process in Cass County allows for the removal of arrest records from public access under specific circumstances as provided by the Illinois Criminal Identification Act (20 ILCS 2630/5.2). Eligible individuals may petition the court to have their arrest records sealed or expunged, effectively restricting public access to this information.

Eligibility criteria for expungement generally include:

  • Arrests that did not lead to charges
  • Cases resulting in acquittal or dismissal
  • Successful completion of supervision or qualified probation
  • Certain non-violent offenses after applicable waiting periods
  • First-time offenses eligible under specific statutory provisions

The formal expungement process requires:

  1. Filing a Petition for Expungement with the Cass County Circuit Clerk
  2. Payment of filing fees (approximately $60-$120, with fee waivers available for qualified applicants)
  3. Serving copies of the petition to all relevant agencies
  4. Attending a court hearing if objections are filed
  5. Obtaining a court order directing expungement if granted

Petitioners should be aware that certain offenses are statutorily ineligible for expungement, including most violent felonies, sexual offenses, and DUI violations. Additionally, expunged records may still be accessible to law enforcement agencies and certain employers as permitted by 20 ILCS 2630/12.

The Cass County Courthouse provides resources for individuals seeking expungement, including standardized forms and procedural guidance. Legal assistance is strongly recommended to navigate this complex process effectively.

Legal Considerations When Accessing Arrest Records

Access to arrest records in Cass County is governed by multiple legal frameworks that balance public transparency with individual privacy rights. Requesters should be cognizant of these legal considerations:

  • The Illinois Freedom of Information Act (5 ILCS 140/1 et seq.) establishes the presumption that government records are open to public inspection while providing specific exemptions.

  • The Criminal Identification Act (20 ILCS 2630/1 et seq.) regulates the collection, maintenance, and dissemination of criminal history information.

  • The Illinois Human Rights Act (775 ILCS 5/2-103) prohibits employers from inquiring about or using arrest records that did not result in conviction as a basis for employment decisions.

  • Federal regulations, including the Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.), impose additional restrictions on the use of arrest information for employment, housing, or credit purposes.

  • Court decisions, including Livingston v. Dept. of Corrections (2012 IL App 4th 110610), have established precedent regarding the proper handling and disclosure of arrest information.

Users of arrest record information should be aware that improper use may result in civil liability. For example, using expunged or sealed records for any purpose, including employment decisions, may violate 20 ILCS 2630/12 and subject the user to penalties.

Additionally, arrest records accessed through the Illinois State Police or other official channels may contain notices regarding permissible uses and restrictions that carry legal weight.

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