Your Comprehensive Guide to Illinois Public Records
Illinois Public Records
Illinois public records are documents, files, and information maintained by government agencies within the state of Illinois. These records document various aspects of government operations, public transactions, and official activities. Access to these records is governed by the Illinois Freedom of Information Act (FOIA), which establishes the public's right to obtain information from government bodies.
Public records in Illinois encompass a wide range of documents, including vital records (birth, death, marriage certificates), property records, court records, criminal histories, business filings, and various other government-maintained information. These records serve as essential tools for transparency, accountability, and informed citizenship.
Are Illinois Records Public?
Yes, most records created, maintained, or possessed by public bodies in Illinois are considered public records and are accessible to citizens. This principle is established by the Illinois Freedom of Information Act (5 ILCS 140/), which declares that "all persons are entitled to full and complete information regarding the affairs of government and the official acts and policies of those who represent them as public officials and public employees."
However, not all government records are publicly accessible. The Illinois FOIA includes specific exemptions that protect certain categories of information from disclosure. These exemptions are designed to balance the public's right to information with other important interests such as personal privacy, law enforcement operations, and proprietary business information.
What Information Is Included in Illinois Public Records?
Illinois public records contain a vast array of information maintained by various government agencies. These records typically include:
- Vital Records: Birth certificates, death certificates, marriage licenses, and divorce decrees
- Property Records: Deeds, mortgages, tax assessments, and property transfers
- Court Records: Civil and criminal case files, court orders, judgments, and dockets
- Business Records: Corporate filings, licenses, permits, and registrations
- Criminal Records: Arrest records, conviction information, and inmate data
- Voter Registration: Voter rolls and election results
- Government Operations: Budgets, expenditures, contracts, and meeting minutes
- Professional Licenses: Records of licensed professionals such as doctors, lawyers, and contractors
- Vehicle Records: Vehicle registrations, titles, and driver's license information (with restrictions)
- Tax Records: Property tax information and certain tax filings
Each category of records is maintained by specific government agencies and may have different access requirements and restrictions based on applicable laws and regulations.
What Does the Illinois Public Records Law Do?
The Illinois Freedom of Information Act (5 ILCS 140/) is the primary law governing public records in Illinois. Enacted in 1984 and significantly amended in 2010, this law:
- Establishes the presumption that all government records are open to public inspection and copying
- Defines which government bodies are subject to the law (virtually all state and local government entities)
- Outlines procedures for requesting and obtaining public records
- Sets timeframes for government responses to records requests
- Specifies exemptions that allow certain records to be withheld
- Provides mechanisms for appealing denied requests
- Establishes penalties for non-compliance by government agencies
The law requires public bodies to designate FOIA officers who receive training on compliance with the Act. These officers are responsible for receiving and processing FOIA requests and ensuring timely responses.
Additionally, the Illinois Local Records Act (50 ILCS 205/) governs how local government agencies must maintain and preserve their records, while the State Records Act (5 ILCS 160/) performs a similar function for state agencies.
How To Find Public Records in Illinois in 2025
Finding public records in Illinois involves identifying the appropriate government agency that maintains the specific records you seek. Here are the primary methods for accessing Illinois public records in 2025:
-
Online Access: Many Illinois government agencies provide online portals where certain records can be accessed directly:
- The Illinois Secretary of State's website offers business entity searches and driver records
- The Illinois Department of Public Health provides information on vital records
- The Illinois Courts website offers access to court records and case information
-
FOIA Requests: For records not available online, submit a Freedom of Information Act request to the relevant agency. Most agencies provide FOIA request forms on their websites, or you can submit a written request containing:
- Your name and contact information
- A detailed description of the records sought
- Your preferred format for receiving the records
- A statement indicating whether the request is for commercial purposes
-
In-Person Visits: You can visit government offices to inspect or obtain records:
Illinois Secretary of State
213 State Capitol
Springfield, IL 62756
(800) 252-8980
Illinois Secretary of State
Hours: Monday-Friday, 8:00 AM to 4:30 PM
Illinois State Archives
Margaret Cross Norton Building
Springfield, IL 62756
(217) 782-4682
Illinois State Archives
Hours: Monday-Friday, 8:00 AM to 4:30 PM
- County and Municipal Offices: Local records are typically maintained by county clerks, recorders, assessors, and municipal offices. Contact information varies by location.
Does Illinois Have Free Public Records?
Illinois law allows for both free access and fee-based access to public records, depending on the circumstances:
-
Inspection: The Illinois FOIA allows for free inspection of public records during normal business hours at the office where the records are maintained.
-
Digital Copies: If records are maintained in electronic format and no redaction is needed, agencies often provide digital copies via email at no charge.
-
Fee Waivers: Public bodies may waive or reduce fees when furnishing information is in the public interest, particularly for requests from news media, non-profit organizations, academic institutions, or scientific researchers.
-
First 50 Pages Free: For black and white, letter or legal-sized copies, the first 50 pages must be provided free of charge. After that, agencies may charge up to 15 cents per page.
However, commercial requesters may be charged for the actual cost of retrieving and reproducing records, including personnel time.
How Much Does It Cost To Get Public Records in Illinois?
The cost of obtaining public records in Illinois varies based on several factors:
-
Standard Document Copies: After the first 50 free pages, black and white copies cost up to 15 cents per page.
-
Non-Standard Formats: For color copies or odd-sized documents, agencies may charge the actual cost of reproduction.
-
Electronic Records: If records are maintained electronically, the cost should only reflect the actual cost of the electronic medium (e.g., USB drive, CD).
-
Certified Copies: Vital records and other certified documents have specific fees:
- Birth certificates: $15 for the first copy, $4 for each additional copy
- Death certificates: $19 for the first copy, $4 for each additional copy
- Marriage/Civil Union certificates: $15 for the first copy, $4 for each additional copy
-
Commercial Requests: For commercial purposes, agencies may charge for search time, review time, and copying costs.
-
Specialized Records: Some specialized records have statutory fees:
- Driver records: $12 per abstract
- Vehicle title information: $5 per title
- Corporation records: Fees range from $25-$100 depending on document type
How Long Does It Take to Obtain Public Records in Illinois?
Under the Illinois FOIA, public bodies must respond to records requests within specific timeframes:
-
Standard Requests: Agencies must respond within 5 business days after receiving a request.
-
Extended Timeline: Agencies may extend the response time by an additional 5 business days for specific reasons, including:
- Records stored at other locations
- Substantial number of records requested
- Need for consultation with other agencies
- Records not yet collected or compiled
-
Commercial Requests: For commercial purposes, agencies have 21 working days to respond.
-
Voluminous Requests: For requests deemed "voluminous" (large quantity of records or formats requiring extensive technical processing), agencies may have up to 10 business days to respond initially and additional time to fulfill the request.
Actual processing times may vary based on the complexity of the request, the volume of records sought, and the workload of the agency. Some specialized records, such as vital records, may be available same-day when requested in person.
What Records Are Confidential In Illinois?
Illinois law exempts certain records from public disclosure. The Illinois FOIA (5 ILCS 140/7) lists numerous exemptions, including:
-
Personal Privacy: Private information such as Social Security numbers, home addresses, personal financial information, medical records, and biometric identifiers
-
Law Enforcement: Records that would interfere with pending law enforcement proceedings, disclose confidential sources, or endanger anyone's life or physical safety
-
Preliminary Drafts: Preliminary drafts, notes, and recommendations in which opinions are expressed or policies formulated
-
Trade Secrets: Trade secrets and commercial or financial information obtained from a person or business where disclosure would cause competitive harm
-
Attorney-Client Privilege: Communications protected by attorney-client privilege or attorney work product
-
Educational Records: Student records protected under federal law (FERPA)
-
Juvenile Records: Most juvenile court and law enforcement records
-
Security Information: Information that would jeopardize security procedures or techniques
Additionally, specific statutes protect certain records, such as:
- Mental health records (Mental Health and Developmental Disabilities Confidentiality Act)
- Adoption records (Adoption Act)
- Certain abuse and neglect records (Abused and Neglected Child Reporting Act)
Who Has the Right To Request Public Records in Illinois
Under the Illinois FOIA, "any person" has the right to request and obtain public records. This includes:
- Illinois residents
- Non-residents of Illinois
- Media organizations
- Businesses and corporations
- Non-profit organizations
- Government agencies
- Incarcerated individuals (with some limitations)
The law specifically states that public bodies may not require requesters to provide their purpose for seeking records, except to determine whether the request is for commercial purposes or to determine whether to grant a fee waiver.
Commercial requesters (those seeking records for sale, resale, or to further commercial interests) must identify themselves as such, as different fee structures and response timelines apply to commercial requests.
Public bodies cannot require requesters to submit their requests on a specific form, though many agencies provide standard forms to facilitate processing. Requests can be submitted in person, by mail, email, or fax.
What Can Be Done With Public Records in Illinois
Public records obtained in Illinois can be used for various legitimate purposes, including:
- Personal Research: Investigating family history, property ownership, or other personal matters
- Business Due Diligence: Researching potential business partners, property investments, or competitive analysis
- Legal Proceedings: Gathering evidence for litigation, background checks, or legal research
- Academic Research: Conducting scholarly research on government operations, historical events, or social trends
- Journalistic Reporting: Investigating government activities, public spending, or matters of public interest
- Civic Engagement: Monitoring government operations, policy implementation, and public official conduct
- Commercial Purposes: Marketing, data compilation, or other business activities (subject to different fee structures)
While public records are generally available for any use, certain records may have restrictions on redistribution or commercial use. Additionally, information obtained from public records must be used in compliance with other applicable laws, such as:
- Illinois Personal Information Protection Act
- Illinois Consumer Fraud and Deceptive Business Practices Act
- Federal and state anti-discrimination laws
Key Agencies and Departments for Public Records in Illinois
Several key agencies maintain and provide access to public records in Illinois:
Illinois Secretary of State
213 State Capitol
Springfield, IL 62756
(800) 252-8980
Illinois Secretary of State
Maintains business filings, driver records, vehicle registrations, and state archives
Illinois Department of Public Health
Division of Vital Records
925 E. Ridgely Avenue
Springfield, IL 62702
(217) 782-6553
Illinois Vital Records
Maintains birth, death, marriage, and civil union records
Illinois State Police
Bureau of Identification
260 North Chicago Street
Joliet, IL 60432
(815) 740-5160
Illinois State Police
Provides criminal history information and background checks
Illinois Attorney General's Office
Public Access Counselor
500 S. Second Street
Springfield, IL 62701
(877) 299-3642
Illinois Public Access Counselor
Handles FOIA disputes and provides guidance on public records access
Administrative Office of the Illinois Courts
3101 Old Jacksonville Road
Springfield, IL 62704
(217) 558-4490
Illinois Courts
Provides access to court records and case information
Illinois Department of Corrections
1301 Concordia Court
Springfield, IL 62794
(217) 558-2200
Illinois Department of Corrections
Maintains inmate records and offender information
County clerks, recorders of deeds, and circuit court clerks also maintain important local records in each of Illinois' 102 counties.
How to Appeal a Denied Public Records Request in Illinois
If your request for public records in Illinois is denied, you have several options for appeal:
-
Request Review by Public Access Counselor (PAC):
- Submit a written request for review to the PAC within 60 calendar days of the denial
- Include a copy of your original FOIA request and the denial letter
- The PAC will determine whether further inquiry is warranted
- If accepted for review, the PAC may issue a binding opinion, advisory opinion, or other guidance
Public Access Counselor
Office of the Attorney General
500 S. Second Street
Springfield, IL 62701 -
File for Administrative Review:
- Some agencies have internal appeal procedures
- Check the denial letter for specific instructions on administrative appeals
- Submit your appeal within the timeframe specified by the agency
-
File a Lawsuit:
- You may file a lawsuit in the circuit court for injunctive or declaratory relief
- The lawsuit must be filed within two years after the denial
- If you prevail, the court may award attorney's fees and costs
- The court may also impose civil penalties on the public body for willful violations
The Illinois Attorney General's Public Access Counselor provides free assistance to both requesters and public bodies regarding FOIA compliance and can help resolve disputes without litigation.
Difference Between Federal and Illinois Public Records
Federal public records are governed by the Freedom of Information Act (FOIA) (5 U.S.C. § 552), which provides the public with the right to request records from federal agencies. In contrast, public records in Illinois are regulated by the Illinois Freedom of Information Act (5 ILCS 140/1 et seq.), which applies to state and local government agencies in Illinois.
Key differences include:
-
Jurisdiction:
- Federal FOIA applies only to federal executive branch agencies (such as the FBI, EPA, and Social Security Administration) and does not cover state or local governments.
- Illinois FOIA covers state, county, municipal, and local public bodies, but does not apply to federal agencies.
-
Exemptions:
- The federal FOIA lists nine exemptions, such as national security, personal privacy, law enforcement, trade secrets, and internal government rules.
- Illinois FOIA has its own set of exemptions, including personal privacy, law enforcement investigations, drafts, attorney-client communications, and proprietary information.
- The scope and application of exemptions can differ substantially between federal and state law.
-
Eligibility:
- Both federal and Illinois FOIA allow "any person" to request records—there is no residency or citizenship requirement.
-
Appeals and Enforcement:
- Federal FOIA appeals are directed to the agency’s FOIA office and then to federal court if unresolved.
- Illinois FOIA appeals may go to the Public Access Counselor in the Illinois Attorney General’s Office, and then to state court if necessary.
-
Processing Time:
- Federal FOIA generally requires a response within 20 business days, though extensions are common.
- Illinois FOIA generally requires a response within 5 business days (with a possible 5-day extension).
When seeking public records, you must direct your request to the correct jurisdiction—federal records from federal agencies, Illinois records from state or local agencies.
U.S. Department of Justice, Office of Information Policy (FOIA)
441 G St NW, 6th Floor, Washington, DC 20530
Phone: (202) 514-3642
U.S. Department of Justice, Office of Information Policy (FOIA)
Illinois Attorney General, Public Access Counselor
500 S. 2nd Street, Springfield, IL 62701
Phone: (877) 299-3642
Illinois Attorney General, Public Access Counselor