Review and Expunction of Central Registries and Reporting Records - Illinois

Date: May 2018

Right of the Reported Person to Review and Challenge Records

Citation: Comp. Stat. Ch. 325, § 5/7.16

Within 60 days after the notification of the completion of the Child Protective Service Unit investigation, the perpetrator named in the notification may request the Department of Children and Family Services to amend the record or remove the record of the report from the register. The 60-day deadline for filing a request shall be tolled until after the conclusion of any criminal court action in the circuit court or after adjudication in any juvenile court action concerning the circumstances that give rise to an indicated report. The request shall be in writing and directed to such person as the department designates in the notification letter notifying the perpetrator of the indicated finding.

The perpetrator shall have the right to a timely hearing within the department to determine whether the record of the report should be amended or removed on the grounds that it is inaccurate or it is being maintained in a manner inconsistent with this act, except that there shall be no such right to a hearing on the ground of the report's inaccuracy if there has been a court finding of child abuse or neglect or a criminal finding of guilt as to the perpetrator. Such hearing shall be held within a reasonable time after the perpetrator's request and at a reasonable place and hour. The appropriate Child Protective Service Unit shall be given notice of the hearing.

If the minor who is the victim named in the report is the subject of a pending action chapter 705, § 405/5-1, et seq., and is in the custody or guardianship of the department or has an open intact family services case with the department or is the subject of a pending action under chapter 705, § 405/2-1, et seq., and the report was made while a guardian ad litem was appointed for the minor, then the minor, through the minor's attorney or guardian ad litem, shall have the right to participate and be heard in such hearing as defined under the department's rules.

In such hearings, the burden of proving the accuracy and consistency of the record shall be on the department and the appropriate Child Protective Service Unit. The hearing shall be conducted by the director or his or her designee, who is hereby authorized and empowered to order the amendment or removal of the record to make it accurate and consistent with this act. The decision shall be made, in writing, at the close of the hearing, or within 60 days thereof, and shall state the reasons upon which it is based. Decisions of the department under this section are administrative decisions subject to judicial review under the Administrative Review Law.

Should the department grant the request of the perpetrator, either on an administrative review or after an administrative hearing, to amend an indicated report to an unfounded report, the report shall be released and expunged in accordance with the standards set forth in chapter 325, § 5/7.14.

When Records Must Be Expunged

Citation: Comp. Stat. Ch. 325, § 5/7.14

All reports in the central register shall be classified in one of three categories: 'indicated,' 'unfounded,' or 'undetermined,' as the case may be. All information identifying the subjects of an unfounded report shall be expunged from the register forthwith, except as provided in chapter 325, § 5/7.7.

Identifying information on all other records shall be removed from the register no later than 5 years after the report is indicated. However, if another report is received involving the same child, his or her sibling or offspring, or a child in the care of the persons responsible for the child's welfare, or involving the same alleged offender, the identifying information may be maintained in the register until 5 years after the subsequent case or report is closed.

Notwithstanding any other provision of this section, identifying information in indicated reports involving serious physical injury to a child, as defined by the department in rules, may be retained longer than 5 years after the report is indicated or after the subsequent case or report is closed and may not be removed from the register except as provided by the department in rules.

Identifying information in indicated reports involving sexual penetration, sexual molestation, sexual exploitation, torture, or death of a child shall be retained for a period of not less than 50 years after the report is indicated or after the subsequent case or report is closed.