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Winnebago Arrest Records

Are Arrest Records Public in Winnebago, Illinois?

Arrest records are public documents in Winnebago, Illinois, pursuant to the Illinois Freedom of Information Act (5 ILCS 140/1 et seq.). This statute establishes that records maintained by public bodies, including law enforcement agencies, shall be accessible to the public unless specifically exempted by law. The Winnebago County Sheriff's Office and other local law enforcement agencies are required to maintain these records and make them available upon proper request. The public nature of these records serves to promote governmental transparency, ensure accountability of law enforcement agencies, and provide citizens with access to information that may impact public safety within their communities.

Certain exceptions to disclosure may apply under § 7 of the Illinois FOIA, particularly for ongoing investigations or where disclosure would constitute an unwarranted invasion of personal privacy. However, basic arrest information, including the name of the person arrested, charges filed, and other factual circumstances surrounding the arrest, remains accessible to the public.

How to Look Up Winnebago Arrest Records in 2025

Members of the public seeking arrest records in Winnebago County have multiple methods available to access this information. The County has implemented several systems to facilitate public access to these records in accordance with Illinois state law. Interested parties may utilize any of the following methods:

Visit the Winnebago County Sheriff's Office in person at: Winnebago County Sheriff's Office 650 West State Street Rockford, IL 61102 Phone: (815) 319-6000 Hours: Monday-Friday, 8:00 AM - 5:00 PM Winnebago County Sheriff's Office
Submit a written request to the Records Division of the Sheriff's Office, including the full name of the individual, date of birth (if known), and approximate date of arrest.
Access the Winnebago County Clerk of the Circuit Court online portal, which maintains court records related to arrests and subsequent proceedings.
Utilize the FullCourt Enterprise system, the official case management platform for Winnebago County, which provides public access to court records including those related to arrests.
Visit the Winnebago County Courthouse Records Department at: Winnebago County Courthouse 400 West State Street Rockford, Illinois 61101 Phone: (815) 319-4500 Hours: Monday-Friday, 8:30 AM - 4:30 PM

Pursuant to the Illinois FOIA, agencies must respond to requests within 5 business days, though this period may be extended under certain circumstances as provided in § 3(e) of the Act.

Contents of a Winnebago Arrest Record

Arrest records maintained by Winnebago County law enforcement agencies typically contain comprehensive information regarding the circumstances of an individual's arrest. These records are standardized in accordance with Illinois state recordkeeping requirements and generally include the following elements:

Full legal name of the arrested individual and any known aliases or previous names
Date of birth, gender, race, and other identifying characteristics
Date, time, and specific location of the arrest
Statutory citation and description of the alleged offense(s)
Name, badge number, and department of the arresting officer(s)
Booking information, including photographs (mugshots) and fingerprint records
Custody status information, including bond amounts if applicable
Case disposition information, if available
Prior arrest history within the jurisdiction, if applicable

It should be noted that pursuant to 20 ILCS 2630/5, certain identifying information such as Social Security numbers, driver's license numbers, and other personal identifiers may be redacted from public versions of these records to protect against identity theft while still maintaining the public nature of the arrest information itself.

Legal Framework for Arrest Records in Illinois

The management and disclosure of arrest records in Winnebago County operates within a comprehensive legal framework established by Illinois state law. The primary statutes governing these records include:

The Illinois Freedom of Information Act (5 ILCS 140/1 et seq.) establishes the presumption that all government records, including arrest records, are open to public inspection unless specifically exempted. Section 2.15 of the Act defines public records to include "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."

The Criminal Identification Act (20 ILCS 2630/1 et seq.) provides specific guidelines for the collection, maintenance, and dissemination of criminal history record information, including arrest data. This statute requires law enforcement agencies to report arrests for certain offenses to the Illinois State Police and establishes protocols for the accuracy and security of such information.

The Local Records Act (50 ILCS 205/1 et seq.) governs the retention and destruction of local government records, including arrest records maintained by county sheriff's offices and municipal police departments. This ensures that arrest records are preserved for appropriate periods as determined by the Local Records Commission.

The 17th Judicial Circuit Court, which serves Winnebago County, has also established local rules regarding access to court records related to arrests and subsequent proceedings, in accordance with the Illinois Supreme Court's policies on public access to court records.

Expungement of Arrest Records in Winnebago

Individuals with arrest records in Winnebago County may be eligible to have those records expunged or sealed under certain circumstances as provided by the Illinois Criminal Identification Act (20 ILCS 2630/5.2). Expungement effectively removes the record from public view, while sealing limits access to the record to law enforcement agencies and certain employers required by law to conduct background checks.

Eligibility criteria for expungement or sealing generally include:

Cases resulting in acquittal, dismissal, or nolle prosequi
Arrests that did not lead to charges being filed
Successful completion of supervision, qualified probation, or certain diversion programs
Certain non-violent convictions after a waiting period (typically 2-5 years)
First-time, non-violent offenses committed by individuals under 25 years of age

The expungement process requires filing a petition with the Circuit Court of Winnebago County. Petitioners must:

Obtain a certified disposition for each case seeking expungement
Complete the Petition for Expungement and/or Sealing form
File the petition with the Clerk of the Circuit Court at: Winnebago County Clerk of the Circuit Court 400 West State Street, Room 108 Rockford, IL 61101 Phone: (815) 319-4500 Hours: Monday-Friday, 8:30 AM - 4:30 PM
Pay the required filing fee (approximately $157 per case, though fee waivers may be available for qualifying individuals)
Serve copies of the petition on the State's Attorney's Office, the arresting agency, and the Illinois State Police

A hearing will be scheduled, typically 30-60 days after filing, where a judge will determine whether to grant the petition. If granted, the court will issue an order directing all relevant agencies to expunge or seal the records as appropriate.

Limitations on Use of Arrest Records

The use of arrest record information obtained from Winnebago County sources is subject to certain restrictions under Illinois law. These limitations are designed to protect individuals from discrimination while balancing the public's right to information. Key restrictions include:

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. Employers may ask about convictions, but are encouraged to consider factors such as the nature of the offense, its relation to the position sought, the time elapsed since the conviction, and evidence of rehabilitation.

The Illinois Employee Background Fairness Act (820 ILCS 75/1 et seq.) further restricts employers from considering an applicant's criminal history until after determining the individual is qualified for the position and has been selected for an interview.

The Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.) imposes obligations on consumer reporting agencies that compile and sell criminal background reports, requiring them to maintain accurate information and provide consumers with the opportunity to dispute inaccurate information.

Users of arrest record information should be aware that these records document allegations, not proven facts, and that many arrests do not result in convictions. The Winnebago County Administration emphasizes that arrest records should not be interpreted as evidence of guilt or used to discriminate against individuals in housing, employment, or other contexts.