Ill. Admin. Code tit. 20, § 107.440
Challenge of Record
Effective Feb 1, 201337 Ill. Reg. 1598AUTHORITY: Implementing Sections 3-2-2, 3-3-2, 3-5-1, 3-5-2, 3-6-3, 3-8-1, 5-4-1, 5-4.5-100 and 5-8-6 of the Unified Code of Corrections [730 ILCS 5] and Section 1-7 of the Juvenile Court Act of 1987 [705 ILCS 405] and authorized by Section 3-7-1 of the Unified Code of Corrections [730 ILCS 5]. Subparts B and F are also implementing two Supreme Court rulings (Barger v. Peters, 163 Ill.2d 357, 645 N.E.2d 175, 1994 and State of Illinois v. Jameson, 162 Ill.2d 282, 642 N.E.2d 1207, 1994. Subpart D is also implementing two Consent Decrees (Beavers vs. Sielaff, #75 C 317, N.D. Ill., 1977, and Lower vs. Franzen, #78 C 1870, N.D. Ill., 1980) and Section 8-802 of the Code of Civil Procedure [735 ILCS 5].DEPARTMENT OF CORRECTIONS
- a) If an offender is not satisfied that his or her Criminal History Record Information is accurate, he or she may submit a written request to challenge the record.
- b) A staff member shall advise the offender of the challenge, appeal and complaint process, and the Staff member shall assist him or her in preparing the appropriate forms for submission.
- c) If the criminal history record is corrected, the offender may submit a written request for a listing of all non-criminal justice agencies that have received a copy of his or her criminal history record.
(Source: Amended at 37 Ill. Reg. 1598, effective February 1, 2013)