Sec. 2105-135. Qualification for licensure or registration; good moral character; applicant conviction records.

460 words·~2 min read·/il/chapter-20/act-2105/2105-135

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(a)The practice of professions licensed or registered by the Department is hereby declared to affect the public health, safety, and welfare and to be subject to regulation and control in the public interest. It is further declared to be a matter of public interest and concern that persons who are licensed or registered to engage in any of the professions licensed or registered by the Department are of good moral character, which shall be a continuing requirement of licensure or registration so as to merit and receive the confidence and trust of the public. Upon a finding by the Department that a person has committed a violation of the disciplinary grounds of any licensing Act administered by the Department with regard to licenses, certificates, or authorities of persons exercising the respective professions, trades, or occupations, the Department is authorized to revoke, suspend, refuse to renew, place on probationary status, fine, or take any other disciplinary action it deems warranted against any licensee or registrant whose conduct violates the continuing requirement of good moral character.

(b)No application for licensure or registration shall be denied by reason of a finding of lack of good moral character when the finding is based solely upon the fact that the applicant has previously been convicted of one or more criminal offenses. When reviewing a prior conviction of an initial applicant for the purpose of determining good moral character, the Department shall consider evidence of rehabilitation and mitigating factors in the applicant's record, including those set forth in subsection

(a)of Section 2105-131 of this Act.

(c)The Department shall not require applicants to report the following information and shall not consider the following criminal history records 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 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 charge or conviction;

(4)records of arrest where the charges were dismissed unless related to the practice of

the profession; however, applicants shall not be asked to report any arrests, and an 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; or

(6)convictions or arrests that have been sealed or expunged.