§ 1005-1 — Applicant convictions

(a) The Agency shall not require applicants to report the following information and shall not consider the following criminal history records in connection with an application for certification under this Act: (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 the Juvenile Court Act of 1987. (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 conviction. (4) Convictions overturned by a higher court. (5) Convictions or arrests that have been sealed or expunged. (b) When reviewing a conviction of any felony, the Agency shall consider any evidence of rehabilitation and mitigating factors contained in the applicant's record, including any of the following factors and evidence, to determine if a certificate may be denied because such conviction will impair the ability of the applicant to engage in the position for which a certificate is sought: (1) the lack of direct relation of the offense for which the applicant was previously convicted to the duties, functions, and responsibilities of the position for which certification is sought; (2) 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; (3) 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; (4) the age of the person at the time of the criminal offense; (5) 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; (6) evidence of the applicant's present fitness and professional character; (7) 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 a certificate of relief from disabilities under Section 5-5.5-10 of the Unified Code of Corrections; and (8) any other mitigating factors that contribute to the person's potential and current ability to perform the duties and responsibilities of the position for which a certificate or employment is sought. (c) If the Agency refuses to issue a certificate to an applicant, then the Agency 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 grant certification; (2) a list of the convictions that the Agency determined will impair the applicant's ability to engage in the position for which a certificate is sought; (3) a list of convictions that formed the sole or partial basis for the refusal to issue a certificate; and (4) a summary of the appeal process or the earliest the applicant may reapply for a certificate, whichever is applicable. (d) No later than May 1 of each year, the Agency must prepare, publicly announce, and publish a report of summary statistical information relating to new and renewal certification applications during the preceding calendar year. Each report shall show, at a minimum: (1) the number of applicants for a new or renewal certification under this Act within the previous calendar year; (2) the number of applicants for a new or renewal certification under this Act within the previous calendar year who had any criminal conviction; (3) the number of applicants for a new or renewal certification under this Act in the previous calendar year who were granted a license; (4) the number of applicants for a new or renewal certification with a criminal conviction who were granted certification under this Act within the previous calendar year; (5) the number of applicants for a new or renewal certification under this Act within the previous calendar year who were denied certification; and (6) the number of applicants for a new or renewal certification with a criminal conviction who were denied certification under this Act in the previous calendar year in whole or in part because of a prior conviction.

Legislative History

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