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Synopsis As Introduced Amends the State Records Act and the Local Records Act. Provides that within 180 days after an investigation by a law enforcement agency reveals that a person has been arrested as a result of mistaken identity and no charges have been filed against the person, the law enforcement agency whose officers made the arrest shall destroy the arrest records of that person made as a result of mistaken identity. Provides that the law enforcement agency shall establish an access and review process for verifying that the person's arrest records relating to arrests because of mistaken identity in which no charges have been filed have been destroyed. Provides that the law enforcement agency shall provide by rule the process for access, review, and automatic destruction of these records. Defines "arrest records" and "law enforcement agency".
House Floor Amendment No. 1 Replaces everything after the enacting clause. Amends the State Records Act and the Local Records Act. Provides that 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 office believed him or her to be. Defines "arrest records" and "law enforcement agency".
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