Illinois Compiled Statutes 55 ILCS 5/5-10004a – Applicant convictions
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(a) Applicants shall not be required to report the following information and the following information shall not be considered in connection with an application for a license under this Act:
(1) Juvenile adjudications of delinquent minors, as
(1) Juvenile adjudications of delinquent minors, as
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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.
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(2) Law enforcement records, court records, and
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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.
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(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
Terms Used In Illinois Compiled Statutes 55 ILCS 5/5-10004a
- 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.
- County board: means the board of county commissioners in counties not under township organization, and the board of supervisors in counties under township organization, and the board of commissioners of Cook County. See Illinois Compiled Statutes 5 ILCS 70/1.07
- 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
(4) Convictions overturned by a higher court.
(5) Convictions or arrests that have been sealed or
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expunged.
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(b) No application for a license under this Division shall be denied by reason of a finding of lack of good moral character when the finding is based upon the fact that the applicant has previously been convicted of one or more criminal offenses.
(c) The county board, upon finding that an applicant for a license under this Act has a prior conviction for a felony, 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 license may be denied because 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
(c) The county board, upon finding that an applicant for a license under this Act has a prior conviction for a felony, 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 license may be denied because 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
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which the applicant was previously convicted to the duties, functions, and responsibilities of the position for which a license is sought;
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(2) whether 5 years since a felony conviction or 3
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years since release from confinement for the conviction, whichever is later, have passed without a subsequent conviction;
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(3) if the applicant was previously licensed or
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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;
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(4) the age of the person at the time of the criminal
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offense;
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(5) successful completion of sentence and, for
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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;
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(6) evidence of the applicant’s present fitness and
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professional character;
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(7) evidence of rehabilitation or rehabilitative
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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
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(8) any other mitigating factors that contribute to
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the person’s potential and current ability to perform the duties and responsibilities of the position for which a license or employment is sought.
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(d) If the county board refuses to issue a license to an applicant, then the county board 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
(1) a statement about the decision to refuse to issue
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a license;
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(2) a list of the convictions that the county board
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determined will impair the applicant’s ability to engage in the position for which a license is sought;
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(3) a list of convictions that formed the sole or
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partial basis for the refusal to issue a license; and
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(4) a summary of the appeal process or the earliest
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the applicant may reapply for a license, whichever is applicable.
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(e) No later than May 1 of each year, the board 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
(1) the number of applicants for a new or renewal
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license under this Act within the previous calendar year;
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(2) the number of applicants for a new or renewal
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license under this Act within the previous calendar year who had any criminal conviction;
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(3) the number of applicants for a new or renewal
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license under this Act in the previous calendar year who were granted a license;
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(4) the number of applicants for a new or renewal
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license with a criminal conviction who were granted a license under this Act within the previous calendar year;
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(5) the number of applicants for a new or renewal
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license under this Act within the previous calendar year who were denied a license; and
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(6) the number of applicants for a new or renewal
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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.
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