§ 500-76

(Section scheduled to be repealed on January 1, 2027) Sec. 500-76. Applicant convictions. (a) The Director and the Department shall not require applicants to report the following information and shall not collect and consider the following criminal history records in connection with an insurance producer license application: (1) Juvenile adjudications of delinquent minors as defined in Section 5-105 of the Juvenile Court Act of 1987, subject to the restrictions set forth in Section 5-130 of that Act. (2) Law enforcement records, court records, and conviction records of an individual who was 17 years old at the time of the offense and before January 1, 2014, unless the nature of the offense required the individual to be tried as an adult. (3) Records of arrest not followed by a charge or conviction. (4) Records of arrest where charges were dismissed unless related to the duties and responsibilities of an insurance producer. However, applicants shall not be asked to report any arrests, and any arrest not followed by a conviction shall not be the basis of a denial and may be used only to assess an applicant's rehabilitation. (5) Convictions overturned by a higher court. (6) Convictions or arrests that have been sealed or expunged. (b) The Director, upon a finding that an applicant for a license under this Act was previously convicted of a felony, shall consider any mitigating factors and evidence of rehabilitation contained in the applicant's record, including any of the following factors and evidence, to determine if a license may be denied because the prior conviction will impair the ability of the applicant to engage in the position for which a license is sought: (1) the bearing, if any, of the offense for which the applicant was previously convicted on the duties and functions of the position for which a license is sought; (2) whether the conviction suggests a future propensity to endanger the safety and property of others while performing the duties and responsibilities for which a license is sought; (3) whether 5 years since a felony conviction or 3 years since release from confinement for the conviction, whichever is later, have passed without a subsequent conviction; (4) if the applicant was previously licensed or employed in this State or other states or jurisdictions, then the lack of prior misconduct arising from or related to the licensed position or position of employment; (5) the age of the person at the time of the criminal offense; (6) successful completion of sentence and, for applicants serving a term of parole or probation, a progress report provided by the applicant's probation or parole officer that documents the applicant's compliance with conditions of supervision; (7) evidence of the applicant's present fitness and professional character; (8) evidence of rehabilitation or rehabilitative effort during or after incarceration or during or after a term of supervision, including, but not limited to, a certificate of good conduct under Section 5-5.5-25 of the Unified Code of Corrections or certificate of relief from disabilities under Section 5-5.5-10 of the Unified Code of Corrections; and (9) any other mitigating factors that contribute to the person's potential and current ability to perform the duties and responsibilities of an insurance producer. (c) If a nonresident licensee meets the standards set forth in items (1) through (4) of subsection (a) of Section 500-40 and has received consent pursuant to 18 U.S.C. 1033(e)(2) from his or her home state, the Director shall grant the nonresident licensee a license. (d) If the Director refuses to issue a license to an applicant based upon a conviction or convictions in whole or in part, then the Director shall notify the applicant of the denial in writing with the following included in the notice of denial: (1) a statement about the decision to refuse to issue a license; (2) a list of convictions that the Director determined will impair the applicant's ability to engage in the position for which a license is sought; (3) a list of the convictions that were the sole or partial basis for the refusal to issue a license; and (4) a summary of the appeal process or the earliest the applicant may reapply for a license, whichever is applicable.

Legislative History

(Source: P.A. 100-286, eff. 1-1-18 .)