Arrest records in Winfield, Illinois are public documents accessible to all citizens pursuant to the Illinois Freedom of Information Act (5 ILCS 140/). This legislation establishes that arrest records, along with other governmental documents, must be made available for public inspection and copying. The statute upholds the fundamental principle of governmental transparency and ensures citizens' right to information regarding law enforcement activities within their communities.
The Illinois Freedom of Information Act specifically designates arrest records as public information under § 2.15, which defines public records as including "all records, reports, forms, writings, letters, memoranda, books, papers, maps, photographs, microfilms, cards, tapes, recordings, electronic data processing records, electronic communications, recorded information and all other documentary materials pertaining to the transaction of public business."
Members of the public should note that while arrest records are generally accessible, certain information may be redacted to protect ongoing investigations or personal privacy in accordance with exemptions outlined in § 7 of the Act.
The Village of Winfield provides multiple channels through which members of the public may access arrest records. Individuals seeking such information may utilize any of the following official methods:
In-Person Requests: Citizens may submit requests directly to the Winfield Police Department located at 27W465 Jewell Road, Winfield, IL 60190. Office hours are Monday through Friday, 8:00 a.m. to 4:30 p.m.
Online Access: The DuPage County online records system provides digital access to various public records, including arrest information. Users must create an account and may be subject to nominal fees for certain document retrievals.
Circuit Court Clerk's Office: The 18th Judicial Circuit Court Clerk maintains comprehensive records of arrests within DuPage County, including Winfield. Their office is located at 505 N. County Farm Road, Wheaton, Illinois 60187-0707. The Criminal/Traffic Department can be reached at (630) 407-8600.
Written Requests: Pursuant to the Illinois FOIA, citizens may submit written requests for arrest records to the Winfield Police Department's Records Division. Requests must include the subject's full name, approximate date of arrest, and case number if available.
All requests for arrest records must comply with the provisions set forth in the Illinois Freedom of Information Act, which generally requires governmental bodies to respond within five business days.
Standard arrest records maintained by the Winfield Police Department and DuPage County judicial system contain specific categories of information as mandated by Illinois state law. These records typically include:
In accordance with 20 ILCS 2630/5, law enforcement agencies must collect and document specific data elements for each arrest. The Illinois Uniform Crime Reporting Program further standardizes the format and content of arrest records across jurisdictions within the state.
Members of the public should be aware that certain sensitive information may be redacted from publicly available arrest records, including Social Security numbers, medical information, and information pertaining to minors, pursuant to exemptions outlined in 5 ILCS 140/7.
Arrest records obtained from Winfield governmental agencies may be utilized for various legitimate purposes as permitted under Illinois law. Authorized uses include:
Background Verification: Employers may review arrest records as part of pre-employment screening processes, subject to the limitations imposed by the Illinois Human Rights Act (775 ILCS 5/2-103), which restricts inquiries about arrests that did not result in conviction.
Housing Applications: Landlords and property management companies may access arrest records when evaluating rental applications, though they must comply with fair housing regulations.
Professional Licensing: State licensing boards may review arrest histories when evaluating applications for professional licenses in fields such as healthcare, education, and financial services.
Personal Safety: Individuals may access arrest records to make informed decisions regarding personal and family safety.
Legal Proceedings: Attorneys may utilize arrest records in the preparation of cases, particularly in criminal defense or civil litigation matters.
It is important to note that pursuant to 775 ILCS 5/2-103, it is a civil rights violation for employers, real estate agencies, financial institutions, and other covered entities to use arrest information that did not result in conviction as the basis for adverse decisions. The DuPage County State's Attorney's Office provides guidance on the lawful use of criminal history information.
While arrest records in Winfield are generally public, certain statutory limitations restrict access to specific categories of records. These restrictions include:
Juvenile Records: Pursuant to 705 ILCS 405/1-7, records pertaining to juvenile arrests are confidential and not available for public inspection except under limited circumstances.
Sealed Records: Records that have been judicially sealed under 20 ILCS 2630/5.2 are removed from public access and may only be viewed by authorized agencies.
Expunged Records: Arrest records that have been expunged by court order are destroyed or returned to the petitioner and are no longer accessible to the public.
Ongoing Investigations: Information related to pending investigations may be temporarily withheld if disclosure would interfere with law enforcement proceedings, as permitted under 5 ILCS 140/7(1)(d).
Privacy Concerns: Personal identifying information such as Social Security numbers, driver's license numbers, and biometric identifiers are typically redacted from publicly available arrest records.
The Winfield Police Department and DuPage County law enforcement agencies maintain strict protocols to ensure compliance with these statutory restrictions while facilitating appropriate public access to arrest information.
Illinois law provides mechanisms through which eligible individuals may petition for the expungement or sealing of arrest records in Winfield. The expungement process is governed by 20 ILCS 2630/5.2 and involves the following procedures:
Eligibility Determination: Not all arrests qualify for expungement. Generally, arrests that did not lead to conviction, resulted in acquittal, or were dismissed may be eligible.
Petition Filing: Qualified individuals must file a Petition for Expungement with the Circuit Clerk of the 18th Judicial Circuit Court located at 505 N. County Farm Road, Wheaton, Illinois 60187.
Notice Requirements: Copies of the petition must be served upon the State's Attorney's Office, the arresting agency, and the Illinois State Police.
Waiting Period: Statutory waiting periods apply based on the nature of the offense and case disposition.
Judicial Review: A judge will review the petition and may grant or deny the request after considering factors such as the petitioner's criminal history, the nature of the offense, and the time elapsed since arrest.
If granted, an Order of Expungement directs the arresting agency, the DuPage County government, and the Illinois State Police to destroy or return all records related to the arrest. Following expungement, individuals may legally state that the arrest never occurred.
The Circuit Clerk's Office provides standardized forms for expungement petitions and can be contacted at (630) 407-8700 for procedural guidance.