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Law Enforcement released my sealed records to employer

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callas2707

Junior Member
I had my record sealed about 1 1/2 years ago. I had to get my fingerprints taken for a new job and the employer called me to ask why I falsified information on my application stating that I have not been convicted of a crime because they received the law enforcement version of my criminal record, which even included an arrest from my juvenile record. Since my record was sealed I did not have to disclose any information. My husband is an officer at the department which released the records and they informed him that it was a mistake and they gave the employers the detailed record instead of what the public should have received. Regardless of whether it was a simple mistake, my reputation has been damaged due to the employers viewing my sealed record. Can I file a lawsuit again the department for releasing sealed records to the public? Thanks
 


Just Blue

Senior Member
I had my record sealed about 1 1/2 years ago. I had to get my fingerprints taken for a new job and the employer called me to ask why I falsified information on my application stating that I have not been convicted of a crime because they received the law enforcement version of my criminal record, which even included an arrest from my juvenile record. Since my record was sealed I did not have to disclose any information. My husband is an officer at the department which released the records and they informed him that it was a mistake and they gave the employers the detailed record instead of what the public should have received. Regardless of whether it was a simple mistake, my reputation has been damaged due to the employers viewing my sealed record. Can I file a lawsuit again the department for releasing sealed records to the public? Thanks
What type of Job was this? And what STATE are you in?
 

callas2707

Junior Member
Illinois and for a school. I already confirmed with a prosecutor we know who stated that the school should never have access to detailed law enforcement records.
 

Just Blue

Senior Member
Illinois and for a school. I already confirmed with a prosecutor we know who stated that the school should never have access to detailed law enforcement records.
What was the "sealed" criminal record for? I ask this because you were hired for school children. That might make a difference.
 

tranquility

Senior Member
http://www.isbe.net/spec-ed/np_handouts/2010/session19.pdf

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=351&ChapterID=5

Down towards the end:
(20 ILCS 2635/14) (from Ch. 38, par. 1614)
Sec. 14. Judicial Remedies. (A) The Attorney General or a State's Attorney may bring suit in the circuit courts to prevent and restrain violations of this Act and to enforce the reporting provisions of Section 2.1 of "An Act in relation to criminal identification and investigation", approved July 2, 1931, as amended. The Department may request the Attorney General to bring any such action authorized by this subsection.
(B) An individual aggrieved by a violation of this Act by a State agency or unit of local government shall have the right to pursue a civil action for damages or other appropriate legal or equitable remedy, including an action to compel the Department to disclose or correct conviction information in its files, once administrative remedies have been exhausted.
(C) Any civil action for damages alleging the negligent dissemination of inaccurate or incomplete conviction information by a State agency or by a unit of local government in violation of this Act may only be brought against the State agency or unit of local government and shall not be brought against any employee or official thereof.
(D) Civil remedies authorized by this Section may be brought in any circuit court of the State of Illinois in the county in which the violation occurs or in the county where the State agency or unit of local government is situated; except all damage claims against the State of Illinois for violations of this Act shall be determined by the Court of Claims.
(Source: P.A. 85-922.)

(20 ILCS 2635/15) (from Ch. 38, par. 1615)
Sec. 15. Civil Damages. (A) In any action brought pursuant to this Act, an individual aggrieved by any violation of this Act shall be entitled to recover actual and general compensatory damages for each violation, together with costs and attorney's fees reasonably incurred, consistent with Section 16 of this Act. In addition, an individual aggrieved by a willful violation of this Act shall be entitled to recover $1,000. In addition, an individual aggrieved by a non-willful violation of this Act for which there has been dissemination of inaccurate or incomplete conviction information shall be entitled to recover $200; provided, however, if conviction information is determined to be incomplete or inaccurate, by audit, by individual review and challenge procedures, or by other verifiable means, then the individual aggrieved shall only be entitled to recover such amount if the Department fails to correct the information within 30 days.
(B) For the purposes of this Act, the State of Illinois shall be liable for damages as provided in this Section and for attorney's fees and litigation costs as provided in Section 16 of this Act. All damage claims against the State of Illinois or any of its agencies for violations of this Act shall be determined by the Court of Claims.
(C) For purposes of limiting the amount of civil damages that may be assessed against the State of Illinois or a unit of local government pursuant to this Section, a State agency, a unit of local government, and the officials or employees of a State agency or a unit of local government may in good faith rely upon the assurance of another State agency or unit of local government that conviction information is maintained or disseminated in compliance with the provisions of this Act. However, such reliance shall not constitute a defense with respect to equitable or declaratory relief.
(D) For purposes of limiting the amount of damages that may be assessed against the State of Illinois pursuant to this Section, the Department may in good faith presume that the conviction information reported to it by a clerk of the circuit court or a criminal justice agency is accurate. However, such presumption shall not constitute a defense with respect to equitable or declaratory relief.
(Source: P.A. 85-922.)
So, IF the information supplied is considered "inaccurate" according to the purposes of the request (Something I am uncertain of as it depends on more than if the record was sealed.), there could be some liability on the part of the supplier of the information. (aka, the state.)
 

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