Confidentiality of Records and Expungements (705 ILCS 405/Article 5, Part 9)

A. Law enforcement records (705 ILCS 405/5-905), continued:
Information identifying victims and alleged victims of sex offenses shall not be disclosed or open to public inspection under any circumstances. Nothing in this Section, however, prohibits the victim from voluntarily releasing or disclosing his or her identity.

Nothing in this section prohibits the inspection or disclosure of photographs contained in the law enforcement records to victims or witnesses for the purposes of identification or apprehension of an alleged offender. This provision refers specifically to photo line-ups.

Law enforcement records concerning minors under the age of 18 must be kept separate from adult records and are not open to the public for inspection.

Any victim or parent or guardian of a victim may petition the court to disclose the name and address of the minor, the minor’s parents, or both. Upon a finding by clear and convincing evidence that the disclosure is either necessary for the victim to pursue a civil remedy against the minor or to protect the victim’s person or property from the minor, then the court may order the disclosure of the information to the victim or his or her parent or legal guardian.

Nothing contained in this Section prohibits law enforcement agencies,when acting in good faith and in their official capacity, from communicating with each other regarding the identity or other relevant information pertaining to an individual under 18 years of age.

If a question remains as to whether information should be released or not, it is better to err on the side of caution and NOT RELEASE it.

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