ILCS » Chapter 5 · Act 160
Illinois Compiled Statutes

5 ILCS 160/17 (2026)

(a) Regardless of other authorization to the contrary, except as otherwise provided in subsection (b) of this Section, no record shall be disposed of by any agency of the State, unless approval of the State Records Commission is first obtained

✓ current as of May 2026
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(5 ILCS 160/17) (from Ch. 116, par. 43.20)
    Sec. 17. (a) Regardless of other authorization to the contrary, except as otherwise provided in subsection (b) of this Section, no record shall be disposed of by any agency of the State, unless approval of the State Records Commission is first obtained. The Commission shall issue regulations, not inconsistent with this Act, which shall be binding on all agencies. Such regulations shall establish procedures for compiling and submitting to the Commission lists and schedules of records proposed for disposal; procedures for the physical destruction or other disposition of records proposed for disposal; and standards for the reproduction of records by digital, photographic, or microphotographic processes with the view to the disposal of the original records. Such standards shall relate to the electronic digital process and format, quality of film used, preparation of the records for reproduction, proper identification matter on the records so that an individual document or series of documents can be located on the film or electronic medium with reasonable facility, and that the copies contain all significant record detail, to the end that the photographic, microphotographic, or digital copies will be adequate.
    Such regulations shall also provide that the State archivist may retain any records which the Commission has authorized to be destroyed, where they have a historical value, and that the State archivist may deposit them in the State Archives or State Historical Library or with a historical society, museum or library.
    (b) Upon request from a chief of police, county sheriff, or State's Attorney, if a person has been arrested for a criminal offense and an investigation reveals that the person arrested was not in fact the individual the arresting officer believed him or her to be, the law enforcement agency whose officers made the arrest shall delete or retract the arrest records of that person whom the investigation revealed as not the individual the arresting officer believed him or her to be. In this subsection (b):
        "Arrest records" are as described in Section 4a of
    
this Act.
        "Law enforcement agency" means an agency of this
    
State which is vested by law or ordinance with the duty to maintain public order and to enforce criminal laws or ordinances.
(Source: P.A. 99-363, eff. 1-1-16.)

    
Notes of Decisions
Cited in 1 case, 2020–2020 · leading case: City of Chicago v. Fraternal Order of Police, Chicago Lodge No. 7, 2020 IL 124831 (Ill. 2020).
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City of Chicago v. Fraternal Order of Police, Chicago Lodge No. 7, 2020 IL 124831 (Ill. 2020). “5 ILCS 160/17 (West 2016). The legislature underscored its public policy purposes for enacting the State Records Act, specifically declaring: “Pursuant to the fundamental philosophy of the American constitutional form of government, it is declared to be the public policy of the…”
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