(a) The Department shall not require an applicant to provide the following information and shall not consider the following criminal history records in connection with an application for licensure:
         (1) Juvenile adjudications of delinquent minors as
    
defined in Section 5-105 of the Juvenile Court Act of 1987, subject to the exclusions 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 charge or
    
conviction.
        (4) Records of arrest where charges were dismissed
    
unless related to the practice of the profession. 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 225 ILCS 345/15.1

  • 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.
  • 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 Department, upon a finding that an applicant for a license was previously convicted of any felony or a misdemeanor directly related to the practice of the profession, 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 the prior conviction will impair the ability of the applicant to engage in the position for which a license 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 a license 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 § 5-5.5-25 of the Unified Code of Corrections or a 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 job duties.
    (c) If the Department refuses to issue a license to an applicant, then the Department 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 the convictions that the Department
    
determined will impair the applicant’s ability to engage in the position for which a license is sought;
        (3) a list of convictions that formed 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.
    (d) No later than May 1 of each year, the Department must prepare, publicly announce, and publish a report of summary statistical information relating to new and renewal license applications during the preceding calendar year. Each report shall show, at a minimum:
         (1) the number of applicants for a new or renewal
    
license under this Act within the previous calendar year;
        (2) the number of applicants for a new or renewal
    
license under this Act within the previous calendar year who had any criminal conviction;
        (3) the number of applicants for a new or renewal
    
license under this Act in the previous calendar year who were granted a license;
        (4) the number of applicants for a new or renewal
    
license with a criminal conviction who were granted a license under this Act within the previous calendar year;
        (5) the number of applicants for a new or renewal
    
license under this Act within the previous calendar year who were denied a license; and
        (6) the number of applicants for a new or renewal
    
license with a criminal conviction who were denied a license under this Act in the previous calendar year in part or in whole because of a prior conviction.
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