720 ILCS 5/32-8 – Tampering With Public Records
This law makes it a crime to change or hide public records on purpose to cheat or trick someone.
This Illinois law says that it’s illegal to purposely change, damage, or hide official records without permission, especially with the intent to cheat or harm others. People who work in government or the court system face harsher punishments if they do this.
(a) A person breaks the law if they knowingly and without permission change, destroy, damage, remove, or hide a public record with the intent to cheat or trick someone, a public officer, or a government body.
(b) (Blank.)
(c) Judges, court clerks, public workers, and anyone else who handles court records commit this crime if they knowingly, without permission, and intending to cheat anyone, change, destroy, damage, remove, or hide a public record that they received or hold in their official job.
(c-5) “Public record” includes court records, documents, evidence, or exhibits that are filed with the court clerk and made part of any civil or criminal case.
(d) Sentence: Breaking subsection (a) is a Class 4 felony. Breaking subsection (c) is a Class 3 felony. If the person guilty under subsection (c) was responsible for making or keeping the record, they:
- Lose their public job or office and cannot work for the State or a local government again for 5 years after finishing any sentence or probation.
- Lose any public retirement, pension, or related benefits as decided by the court.
- Can lose their state professional licenses or registrations if the court decides.
- May have to pay the State an amount equal to any money or benefit they gained from the act.
- May have to pay the victim for any money or value they lost because of the act.
It is presumed that if a public worker or official commits this crime, they did it because of their government job.
(e) Anyone involved in a court case who thinks public record tampering happened can ask the court to restore the record. If the court says no, that decision can be appealed like any other civil case.
(f) If local police will not investigate, the court or any interested person must tell the Illinois State Police, who can then investigate the case even if local police have not asked them to.
(g) If the local State’s Attorney refuses to prosecute the case, the court or interested person must tell the Illinois Attorney General, who can choose to prosecute without needing a referral.
(h) Prosecution for this crime under subsection (c) must start within 3 years after the tampering is discovered or reasonably should have been discovered.
Contact us online or call (314) 900-HELP to talk with a Southern Illinois criminal defense lawyer.
