(705 ILCS 86/5)

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 5. Record and document accessibility.

(a) All records and documents are presumed to be accessible by the court and the clerk of the court. A clerk of the court shall limit access to case information and documents that are not identified as public to the clerk of the court or limited supervisory staff through the use of access codes restricting access. Access to court records and documents remotely over the Internet shall be as authorized by the Illinois Supreme Court Remote Access Policy.

(b) Unless otherwise specified by rule, statute, or order, access to case information and documents maintained by the clerk of the court is defined as follows:

(1) "Public" means a document or case that is accessible by any person upon request.

(2) "Impounded" means a document or case that is accessible only to the parties of record on a case; otherwise, the document or case is only accessible upon order of a court.

(3) "Confidential" means a document or case that is accessible only to the party submitting the document or filing the case; otherwise, the document or case is only accessible upon order of a court.

(4) "Sealed" means a document or case that is accessible only upon order of a court.

(5) "Expunged" means a document or case that is accessible only upon order of a court as provided in subparagraph (E) of paragraph (1) of subsection (a) of Section 5.2 of the Criminal Identification Act.

(c) Notwithstanding any provision of subsections (a) and (b), the court may enter an order restricting access to any case or document per order of court.

(d) If any law of this State restricts access to any case information and documents maintained by the clerk of the court by using the phrase "shall not be public", or a similar phrase stating that a court record is not available to the public, the clerk of the court shall impound such case information and documents unless the court directs otherwise.

(e) Notwithstanding any other provision of law, if any law or statute of this State conflicts with Supreme Court Rule 8, then Supreme Court Rule 8 governs.

(Source: P.A. 103-166, eff. 1-1-24.)