720 ILCS 5/16-35
2021 Illinois Compiled Statutes|Chapter 720 - CRIMINAL OFFENSES|720 ILCS 5/ - Criminal Code of 2012.|Title III - Specific Offenses

Sec. 16-35. Mandating law enforcement agencies to accept and provide  reports; judicial factual determination.(a) A person who has learned or reasonably suspects that his or her  personal identifying information has been unlawfully used by another may  initiate a law enforcement investigation by contacting the local law  enforcement  agency that has jurisdiction over his or her actual residence, which shall take  a police report of the matter, provide the complainant with a copy of that  report, and begin an investigation of the facts, or, if the suspected crime was  committed in a different jurisdiction, refer the matter to the law enforcement  agency where the suspected crime was committed for an investigation of the  facts.(b) A person who reasonably believes that he or she is the victim of  financial identity theft may petition a court, or upon application of the prosecuting attorney or on its own motion, the court  may move for an expedited  judicial determination of his or her factual innocence, where the perpetrator  of  the financial identity theft was arrested for, cited for, or convicted of a  crime under the victim's identity, or where a criminal complaint has been filed  against the perpetrator in the victim's name, or where the victim's identity  has  been mistakenly associated with a criminal conviction. Any judicial  determination of factual innocence made pursuant to this subsection may be  heard and determined upon declarations, affidavits, police reports, or other  material, relevant, and reliable information submitted by the parties or  ordered  to be part of the record by the court. If the court determines that the  petition  or motion is meritorious and that there is no reasonable cause to believe that  the victim committed the offense for which the perpetrator of the identity  theft  was arrested, cited, convicted, or subject to a criminal complaint in the  victim's name, or that the victim's identity has been mistakenly associated  with  a record of criminal conviction, the court shall find the victim factually  innocent of that offense. If the victim is found factually innocent, the court  shall issue an order certifying this determination.(c) After a court has issued a determination of factual innocence under  this Section, the court may order the name and associated personal identifying  information contained in the court records, files, and indexes accessible by  the  public sealed, deleted, or labeled to show that the data is impersonated and  does  not reflect the defendant's identity.(d) A court that has issued a determination of factual innocence under  this Section may at any time vacate that determination if the petition, or any  information submitted in support of the petition, is found to contain any  material misrepresentation or fraud.(e) Except for criminal and civil actions provided for by Sections 16-30 through 16-36, or for disciplinary or licensure-related proceedings involving the violation of Sections 16-30 through 16-36, no information acquired by, or as a result of, any violation of Section 16-30 shall be discoverable or admissible in any court or other proceeding, or otherwise subject to disclosure without the express permission of any person or persons identified in that information.    (Source: P.A. 97-597, eff. 1-1-12.)