(a) The Department, upon a finding that an applicant for a license was convicted of a felony within the previous 5 years or of a violation of Article 28 of the Criminal Code of 1961 or Criminal Code of 2012, 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 applicant is sufficiently rehabilitated or whether the 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) the amount of time that has elapsed since the
    
offense occurred;
        (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 duties and responsibilities of the position for which a license or employment is sought.
    (b) If the Department refuses to grant 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:
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Terms Used In Illinois Compiled Statutes 230 ILCS 30/7.1

  • 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

         (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.
    (c) 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 whole or in part because of a prior conviction.
    (d) Applicants shall not be required to report the following information and the following shall not be considered in connection with an application for licensure or registration:
         (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.
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