Arrest records are public documents in Evanston, Illinois, pursuant to the Illinois Freedom of Information Act (FOIA) (5 ILCS 140/1 et seq.). This state legislation establishes the presumption that all government records, including those pertaining to arrests made by law enforcement agencies, shall be accessible to the public unless specifically exempted by statutory provisions. The Illinois FOIA serves to promote transparency in governmental operations and facilitates public oversight of law enforcement activities within the jurisdiction of Evanston and throughout the state.
The City of Evanston maintains compliance with FOIA requirements through established protocols for record dissemination. Members of the public seeking arrest information may submit requests to the appropriate custodian of records. While certain information may be redacted to protect privacy interests as permitted under § 7 of the Illinois FOIA, the fundamental public nature of arrest records remains intact under Illinois law.
Multiple methodologies exist for obtaining arrest records in Evanston, Illinois. Individuals seeking such information should be aware of the following official channels through which arrest documentation may be accessed:
In-Person Requests: Citizens may appear at the Records Bureau of the Evanston Police Department to submit formal requests for arrest records. Requestors must complete the designated FOIA request form and provide sufficient identifying information to facilitate record location.
Electronic Submission: The City of Evanston maintains an online portal through which FOIA requests may be submitted electronically. This system allows for efficient processing of requests and digital delivery of responsive documents when available.
Mail Correspondence: Written requests may be directed to the Records Bureau via U.S. Postal Service. All such requests must specify the information sought with reasonable particularity.
Evanston Police Department Records Bureau
1454 Elmwood Avenue
Evanston, IL 60201
(847) 866-5038
Hours of Operation: Monday-Friday, 8:00 AM - 5:00 PM
Cook County Circuit Court Clerk's Office
Richard J. Daley Center
50 W. Washington Street
Chicago, IL 60602
(312) 603-5030
Hours of Operation: Monday-Friday, 8:30 AM - 4:30 PM
Pursuant to 5 ILCS 140/3(d), the public body must respond to a FOIA request within five business days after receipt. This timeframe may be extended by an additional five business days under specific circumstances outlined in the statute.
Arrest records maintained by the Evanston Police Department typically contain comprehensive documentation of law enforcement interactions with detained individuals. Standard components of these records include:
It should be noted that pursuant to 5 ILCS 140/7(1)(c), certain personal information may be redacted from publicly available arrest records to prevent unwarranted invasion of personal privacy. Such redactions commonly include social security numbers, driver's license numbers, and medical information.
The accessibility of arrest records in Evanston is subject to certain statutory limitations. The Illinois FOIA establishes specific exemptions that may restrict public access to portions of arrest documentation under the following circumstances:
Law enforcement agencies in Evanston must balance the public's right to information against these statutory protections when processing requests for arrest records.
The State of Illinois provides legal mechanisms through which eligible individuals may petition for the expungement or sealing of arrest records. Pursuant to 20 ILCS 2630/5.2, persons meeting statutory criteria may file petitions with the Circuit Court of Cook County to remove arrest information from public access.
Eligibility criteria for expungement generally include:
The expungement process requires the following procedural steps:
Upon successful expungement, the arrest record is removed from public databases and the individual may legally deny the occurrence of the arrest in most circumstances.
Commercial entities providing background check services may access and disseminate Evanston arrest record information. These operations are subject to regulatory oversight under the Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.) and the Illinois Human Rights Act (775 ILCS 5/2-103).
Key provisions governing commercial use of arrest records include:
Employers and housing providers in Evanston utilizing such services must comply with applicable "Ban the Box" provisions under the Job Opportunities for Qualified Applicants Act (820 ILCS 75/1 et seq.), which restricts inquiries about criminal history until later stages of the application process.