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(20 ILCS 2635/7) (from Ch. 38, par. 1607)
Sec. 7. Restrictions on the use of conviction information.
(A) The
following provisions shall apply to requests submitted pursuant to this Act
for employment or licensing purposes or submitted to comply with the
provisions of subsection (B) of this Section:
(1) A requester shall, in the form and manner |
| prescribed by the Illinois State Police, submit a request to the Illinois State Police, and maintain on file for at least 2 years a release signed by the individual to whom the information request pertains. The Illinois State Police shall furnish the requester with a copy of its response.
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(2) Each requester of conviction information
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| furnished by the Illinois State Police shall provide the individual named in the request with a copy of the response furnished by the Illinois State Police. Within 7 working days of receipt of such copy, the individual shall have the obligation and responsibility to notify the requester if the information is inaccurate or incomplete.
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(3) Unless notified by the individual named in the
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| request or by the Illinois State Police that the information furnished is inaccurate or incomplete, no requester of conviction information shall be liable for damages to any person to whom the information pertains for actions the requester may reasonably take in reliance on the accuracy and completeness of conviction information received from the Illinois State Police pursuant to this act, if: (a) the requester in good faith believes the conviction information furnished by the Illinois State Police to be accurate and complete; (b) the requester has complied with the requirements of paragraphs (1) and (2) of this subsection (A); and (c) the identifying information submitted by the requester to the Illinois State Police is accurate with respect to the individual about whom the information was requested.
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(4) Consistent with rules adopted by the Illinois
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| State Police pursuant to Section 7 of the Criminal Identification Act, the individual to whom the conviction information pertains may initiate proceedings directly with the Illinois State Police to challenge or correct a record furnished by the Illinois State Police pursuant to this subsection (A). Such correction proceedings shall be given priority over other individual record review and challenges filed with the Illinois State Police.
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(B) Regardless of the purpose of the request, no requester of conviction
information shall be liable for damages to any person to whom the
information pertains for actions the requester may reasonably take in
reliance on the accuracy and completeness of conviction information
received from the Illinois State Police pursuant to this Act, if: (1) the requester in
good faith believes the conviction information furnished by the Illinois State Police
to be accurate and complete; (2) the requester has complied with the
requirements of paragraphs (1) and (2) of subsection (A) of this Section;
and (3) the identifying information submitted by the requester to the Illinois State Police
is accurate with respect to the individual about whom the
information was requested.
(Source: P.A. 102-538, eff. 8-20-21.)
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