(a) The Director and the Department shall not require applicants to report the following information and shall not collect or consider the following criminal history records in connection with a public adjuster 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 formal charge
    
or conviction.
        (4) Records of arrest where charges were dismissed
    
unless related to the duties and responsibilities of a public adjuster. 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.
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Terms Used In Illinois Compiled Statutes 215 ILCS 5/1550

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fraud: Intentional deception resulting in injury to another.
  • individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See Illinois Compiled Statutes 5 ILCS 70/1.36
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14

         (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 any felony or a misdemeanor involving dishonesty or fraud, 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, functions, and responsibilities 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) 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) 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;
        (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 § 5-5.5-25 of the Unified Code of Corrections or certificate of relief from disabilities under § 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 a public adjuster.
    (c) If a nonresident licensee meets the standards set forth in items (1) through (4) of subsection (a) of Section 1540 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 on 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.
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