Franklin County Arrest Records
How To Look Up Arrest Records in Franklin County in 2026
FranklinILRecords.org provides data and publicly available information related to arrest records in Franklin County, Illinois. Members of the public may find booking details, charge information, custody status, and related court case data through this resource. Record categories available through official and third-party channels include arrest logs, booking records, court case filings, inmate rosters, and criminal history summaries. Access and completeness of records may vary depending on the source and the disposition of the underlying case.
Records may be searched through official resources, clerk offices, public access terminals, and online tools. The following sections detail each available method.
Online Methods:
1. County Sheriff's Office Arrest Records
The Franklin County Sheriff's Office maintains booking records and jail roster information for individuals taken into custody at the county jail. Members of the public may access current inmate information, including the name of the detained individual, charges, and custody status. The roster is updated on a regular basis as bookings and releases occur. The Sheriff's Office serves as the primary custodian of arrest records originating from county law enforcement operations.
2. Local Police Departments
The City of Benton Police Department and other municipal law enforcement agencies within Franklin County maintain their own arrest logs and incident records. Press releases containing arrest information are periodically published by local departments. Members of the public seeking records from a specific municipal jurisdiction should direct requests to the relevant city police department, as records from municipal arrests are not always consolidated with county Sheriff records.
3. County Clerk of Court Case Search
The Franklin County Circuit Clerk maintains records of all cases heard by Franklin County Courts, including criminal cases arising from arrests. Members of the public may search by the name of the arrested individual to locate associated court case filings, charge information, and case disposition. Court case records provide a direct link between an arrest event and subsequent legal proceedings.
4. State Law Enforcement Database
The Illinois State Police Bureau of Identification maintains a statewide criminal history repository that includes arrest and conviction records from jurisdictions across Illinois. Members of the public may request a name-based or fingerprint-based criminal history check. Fees apply to criminal history requests; the current fee schedule is published on the Bureau of Identification's official website. The state repository includes arrests submitted by local agencies, including those in Franklin County.
In-Person Access:
Sheriff's Office:
Franklin County Sheriff's Office
Benton, IL 62812
Phone: (618) 435-2131
Franklin County Sheriff
Members of the public visiting in person should bring a valid government-issued photo identification and, where available, the full legal name of the subject, date of arrest, and booking number. Fees for copies of records are assessed at the time of the request.
Clerk of Court:
Franklin County Circuit Clerk
Benton, IL 62812
Phone: (618) 435-9800
Circuit Clerk - Franklin County
The Circuit Clerk's office maintains criminal case files available for public inspection during regular business hours. Copy fees apply per page for reproductions of case documents.
By Mail:
Written requests for arrest records may be submitted to the Franklin County Sheriff's Office by mail. Each request should include the full legal name of the subject, date of arrest if known, booking number if known, and the requestor's complete contact information. Payment for applicable copy fees should accompany the written request. Processing time varies based on the volume of pending requests and the age of the records sought.
By Phone:
The Franklin County Sheriff's Office may be reached by phone at (618) 435-2131. Callers should have the subject's full name, date of birth, and approximate arrest date available. Detailed record information is not released by phone; callers may be directed to submit a written request or visit in person.
Through Legal Channels:
Attorneys of record may request arrest and booking records through formal discovery processes. Subpoenas directed to the custodian of records compel production of documents in legal proceedings. Records obtained through legal channels may include materials not available through standard public access requests.
Information Needed for Search:
- Full legal name (first and last at minimum)
- Date of birth or approximate age
- Approximate date of arrest
- Booking number (if known)
- Location of arrest (which jurisdiction)
Are Arrest Records Public in Franklin County
Arrest records in Franklin County are public records under Illinois law. Pursuant to the Illinois Freedom of Information Act (5 ILCS 140), records held by public bodies, including law enforcement agencies and courts, are presumptively open to inspection and copying by any person. The public access policy reflects the state's commitment to government transparency, public safety awareness, and accountability of law enforcement agencies.
What Arrest Information Is Public:
- Arrestee name and aliases
- Date and time of arrest
- Location of arrest
- Arresting agency
- Charges filed at time of arrest
- Booking number
- Booking photograph (mugshot)
- Bond and bail information
- Custody status
- Basic demographic information (age, physical description)
Limitations on Public Access:
- Juvenile arrest records (restricted or sealed under Illinois law)
- Expunged arrest records (removed from public access by court order)
- Sealed records (subject to court-ordered confidentiality)
- Active investigation information
- Undercover officer identities
- Confidential informant information
- Victim identifying information in certain case types
- Witness protection participants
Constitutional and Legal Basis:
The Illinois Constitution, Article VIII, Section 1, establishes that all records of public bodies are open to inspection unless specifically exempted. The balance between transparency and individual privacy is addressed through statutory exemptions within 5 ILCS 140/7, which enumerates categories of information that may be withheld. First Amendment protections support press access to arrest information as a matter of public interest.
Who Can Access Arrest Records:
- General public
- Media organizations
- Employers (subject to restrictions under the federal Fair Credit Reporting Act)
- Landlords (subject to applicable restrictions)
- Licensing agencies
- Background check companies
- Attorneys and legal professionals
- Academic researchers
Restrictions on Use:
The federal Fair Credit Reporting Act (FCRA) governs the use of arrest records in employment and housing screening. Illinois law imposes additional restrictions on the use of arrest records that did not result in conviction. Employers and landlords must comply with applicable state and federal anti-discrimination provisions when considering arrest history. The distinction between an arrest and a conviction is legally significant; an arrest does not constitute a finding of guilt.
What's in Franklin County Arrest Records
Personal Identification Information:
- Full legal name and aliases
- Date of birth and age at time of arrest
- Sex and race
- Height, weight, eye color, and hair color
- Identifying marks such as scars or tattoos
- Address at time of arrest (may be partially redacted)
Arrest Details:
- Arrest date and time
- Location of arrest
- Arresting agency (Sheriff's Office, municipal police, Illinois State Police)
- Booking date and time
- Booking number or arrest number
- Warrant information if applicable
Charges Information:
- Specific criminal charges
- Illinois statute numbers violated
- Charge classification (felony class or misdemeanor class)
- Number of counts per charge
- Domestic violence designation if applicable
Booking Information:
- Booking facility name and location
- Booking photograph (mugshot)
- Fingerprints (collected but not included in standard public records)
- Personal property inventory
Custody and Bond Information:
- Current custody status
- Bond amount set by the court
- Bond type: cash bond, surety bond, personal recognizance, or no bond
- Release date and time if released
- Release conditions if public
Court Information:
- Court case number assigned
- Court jurisdiction
- Scheduled arraignment date
- Judge assignment if available
What's Typically NOT in Public Arrest Records:
- Detailed narrative of the arrest (police report contents)
- Witness statements
- Victim identifying information
- Evidence collected
- Medical or mental health information
- Social Security number (redacted)
- Financial account information
Difference Between Arrest Records and Related Documents:
- Police reports: Contain detailed incident narratives not included in booking records
- Court records: Document legal proceedings following the arrest
- Criminal records: Reflect convictions and sentences, not merely arrests
- Background checks: Aggregate information from multiple sources including court, law enforcement, and state repositories
How Much Does It Cost to Get Arrest Records in Franklin County?
Under Illinois law, public bodies may charge fees for reproducing public records. The Illinois Freedom of Information Act, 5 ILCS 140/6, establishes that the first 50 pages of black-and-white letter or legal-size copies are provided at no charge; pages beyond 50 are subject to a fee not to exceed the actual cost of reproduction.
| Record Type | Standard Fee |
|---|---|
| First 50 pages (black & white, letter/legal) | No charge |
| Pages beyond 50 | Actual cost of reproduction |
| Color copies | Actual cost |
| Electronic format | No charge (if already in electronic format) |
| Certification of records | Varies by office |
| Criminal history (state repository) | Fee per ISP schedule |
The Franklin County Circuit Clerk assesses copy fees for court records. The Illinois State Police Bureau of Identification charges fees for name-based and fingerprint-based criminal history requests; the current fee schedule is published on the Bureau of Identification website.
Accepted payment methods vary by office and may include cash, check, or money order payable to the relevant agency. Fee waivers may be available for indigent requestors or for requests determined to be in the public interest, subject to the discretion of the public body.
Members of the public may inspect records in person at no charge. Fees apply only to reproductions and certifications.
How To Delete Arrest Records in Franklin County
Illinois law provides two primary mechanisms for the legal removal or restriction of arrest records: expungement and sealing. Expungement results in the physical destruction or return of arrest records to the petitioner, effectively removing them from public and law enforcement access. Sealing restricts public access to records while allowing law enforcement agencies to retain access for official purposes. The distinction is significant: expunged records are treated as though they never existed for most purposes, while sealed records remain accessible to certain agencies.
Under 20 ILCS 2630/5.2, individuals arrested in Illinois may petition for expungement of arrests that did not result in conviction, including arrests where charges were not filed, charges were dismissed, or the individual was acquitted. Certain conviction records may also be eligible for sealing after applicable waiting periods have elapsed.
Eligibility for Expungement:
- Arrests with no charges filed
- Charges dismissed by the court
- Acquittals (not guilty verdicts)
- Certain supervision dispositions after successful completion
- Certain misdemeanor and felony convictions after waiting periods (sealing)
Steps to Petition for Expungement or Sealing:
- Obtain a copy of the criminal history record from the Illinois State Police through the Individual in Custody Search or the Bureau of Identification
- Complete the Illinois State Police Expungement/Sealing Petition forms, available through the Circuit Clerk's office
- File the petition with the Franklin County Circuit Clerk
- Serve copies of the petition on the State's Attorney's Office and all arresting agencies
- Attend the scheduled hearing if the State's Attorney objects
- If the court grants the petition, the order is forwarded to all relevant agencies for compliance
Franklin County Circuit Clerk
Benton, IL 62812
Phone: (618) 435-9800
Circuit Clerk - Franklin County
Illinois State Police Bureau of Identification
Springfield, IL
Bureau of Identification
Filing fees apply to expungement and sealing petitions. Fee waiver petitions may be filed simultaneously for individuals who qualify based on income. The Illinois Legal Aid Online resource provides petition forms and procedural guidance at no cost.
What Happens After Arrest in Franklin County?
Immediate Post-Arrest Process:
1. Transport to Jail
Following an arrest, the individual is transported to the Franklin County Jail, operated by the Franklin County Sheriff's Office in Benton, Illinois. Transport time varies based on the location of the arrest within the county. The individual remains in restraints during transport and may be held briefly at the scene while the arresting officer completes initial documentation.
2. Booking Process
Upon arrival at the booking facility, the individual undergoes a standardized intake process that typically takes between one and four hours depending on facility volume. The booking process includes:
- Recording of personal identifying information
- Advisement of Miranda rights if not previously given
- Booking photograph (mugshot)
- Fingerprint collection and submission to state and federal databases
- Criminal history and outstanding warrant check
- Inventory and storage of personal property
- Medical and brief mental health screening
- Housing classification determination
3. First Appearance/Initial Hearing
Illinois law requires that an arrested individual be brought before a judge for a first appearance within 48 hours of arrest. At the initial hearing, the court formally notifies the individual of the charges, determines bond or bail, advises the individual of the right to counsel, and appoints a public defender if the individual is indigent. Hearings may be conducted via video conference in certain circumstances.
Bond/Bail Process:
Cash Bond: The full bond amount is paid in cash to the court. The amount is refunded upon conclusion of the case, minus applicable fees, provided the individual appears at all required court dates.
Surety Bond: A licensed bail bondsman posts the full bond amount in exchange for a non-refundable premium, typically ten percent of the total bond. The bondsman assumes financial responsibility for the individual's appearance.
Personal Recognizance (PR Bond): The individual is released on a written promise to appear without monetary payment. Eligibility is based on community ties, employment status, criminal history, nature of charges, and assessed flight risk.
No Bond: The court may order detention without bond for serious violent offenses, individuals assessed as a danger to the community, flight risks, probation or parole violators, individuals subject to immigration holds, or those with active out-of-state warrants.
Conditions of Release may include check-in requirements, travel restrictions, no-contact orders, drug and alcohol testing, GPS monitoring, and pretrial supervision.
4. Release or Continued Detention
If bond is posted, processing for release typically takes between one and eight hours. The individual receives written conditions of release and a court date. Failure to appear results in bond forfeiture and issuance of an arrest warrant. Individuals who do not post bond remain in custody, receive a housing assignment, and are oriented to jail rules and procedures.
Accessing Legal Representation:
Franklin County Public Defender's Office
Benton, IL 62812
Phone: (618) 435-9800 (Franklin County Courthouse)
Eligibility for a public defender is based on financial need. Private counsel may be retained at any stage of the proceedings. Attorney-client consultations at the jail are confidential.
Charging Decision:
The Franklin County State's Attorney's Office reviews the arrest and determines whether to file formal charges, request additional investigation, decline prosecution, or file different charges. For felony offenses, a grand jury may be convened to determine whether probable cause exists to proceed with an indictment.
Arraignment follows the filing of charges. The defendant enters a plea of not guilty, guilty, or no contest. The court sets subsequent hearing dates.
Court Process Overview:
The pretrial phase includes discovery, pretrial motions, pretrial conferences, and plea negotiations. Case resolution options include dismissal, diversion programs (such as drug court or mental health court), plea agreements, or trial. Individuals who complete approved diversion programs may have charges dismissed and become eligible for expungement.
If convicted, the court imposes a sentence that may include incarceration, probation, fines, restitution, community service, or treatment programs. Credit is applied for time served in pretrial detention. Appeal rights are explained at sentencing.
Important Contacts:
Franklin County Sheriff's Office (Jail)
Benton, IL 62812
Phone: (618) 435-2131
Franklin County Sheriff
Franklin County Circuit Clerk
Benton, IL 62812
Phone: (618) 435-9800
Circuit Clerk - Franklin County
Franklin County State's Attorney's Office
Benton, IL 62812
Phone: (618) 435-9800 (Franklin County Courthouse)
What to Do If Arrested:
- Remain calm and cooperative with law enforcement
- Do not physically resist arrest
- Exercise the right to remain silent
- Request an attorney immediately and do not discuss the case with anyone other than counsel
- Contact family or a bondsman for bail assistance
- Attend all scheduled court dates without exception
- Comply with all conditions of release
How Long Are Arrest Records Kept in Franklin County?
Records Retention Overview:
Retention of arrest records in Franklin County is governed by Illinois state law and applicable local agency policies. The Illinois Local Records Act (50 ILCS 205) establishes the framework for records retention schedules applicable to county and municipal agencies. Retention periods vary based on the type of record, the agency maintaining it, and the disposition of the underlying case.
Arrest Records Retention by Type:
Felony Convictions: Records of felony convictions are retained permanently by the Sheriff's Office, the Circuit Clerk, the Illinois State Police criminal history repository, and the FBI's National Crime Information Center (NCIC). These records form part of the individual's permanent criminal history.
Misdemeanor Convictions: Misdemeanor conviction records are retained permanently at the state repository level. Local law enforcement and court retention periods may vary by agency policy.
Dismissed Charges: Records of arrests where charges were dismissed may remain in local law enforcement databases and the state repository unless the individual obtains a court order for expungement. Court records of dismissed cases are retained by the Circuit Clerk.
Acquittals: Records of arrests resulting in a not guilty verdict at trial may remain in databases unless expunged. Court records are retained by the Circuit Clerk and are accessible to the public absent a sealing or expungement order.
Charges Not Filed: Booking records for arrests where the prosecutor declined to file charges are subject to shorter local retention periods and are among the most readily eligible categories for expungement.
Digital vs. Physical Records:
Digital records maintained in law enforcement records management systems and court electronic filing systems are retained for extended periods, often permanently. Physical booking paperwork, fingerprint cards, and photographs are subject to the applicable retention schedule. Third-party commercial databases may retain arrest information indefinitely and are not subject to the same update requirements as official government repositories.
Retention by Agency:
Franklin County Sheriff's Office: Booking records and arrest reports are retained in accordance with the Illinois Local Records Act retention schedule. The Sheriff's Office may be contacted at (618) 435-2131 for information about specific records.
Franklin County Circuit Clerk: Felony case files are retained permanently. Misdemeanor and traffic case files are retained for periods specified in the applicable retention schedule. Electronic court records are retained permanently.
Illinois State Police: The Illinois State Police Bureau of Identification maintains a statewide criminal history repository that includes arrest records submitted by all Illinois law enforcement agencies. State repository retention is governed by state administrative rule.
FBI Database: The NCIC and Interstate Identification Index (III) retain records at the federal level, accessible to law enforcement agencies nationwide for background checks related to employment, firearms, and other purposes.
Effect of Disposition on Retention:
A conviction results in permanent retention across all major databases. A dismissal may result in continued retention unless expungement is obtained. An expungement order directs the physical destruction or sealing of local records and requires the state repository to update its files; however, the FBI database may retain a notation of the record. Third-party background check companies are not automatically updated upon expungement and may require direct notification to correct their records under FCRA accuracy requirements.
Impact on Background Checks:
Under the federal Fair Credit Reporting Act, most employment background checks cover a seven-year period for non-conviction records. Conviction records may be reported indefinitely. Illinois law imposes additional restrictions on the use of arrest records that did not result in conviction in employment decisions. Members of the public seeking to verify the current status of a specific arrest record may submit a public records request to the Franklin County Sheriff's Records Division at (618) 435-2131.
Lookup Arrest Records in Franklin County
- Franklin County Circuit Clerk – court case records and criminal filings
- Franklin County Sheriff – arrest records and jail roster
- Individual in Custody Search – Illinois Department of Corrections inmate lookup
- Find Public Records – Illinois.gov statewide public records directory
- Bureau of Identification – Illinois State Police criminal history and background checks