Sec. 2105-207. Records of Department actions.

491 words·~2 min read·/il/chapter-20/act-2105/2105-207

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Any licensee subject to a licensing Act administered by the Department and who has been subject to disciplinary action by the Department may file an application with the Department on forms provided by the Department, along with the required fee of $175, to have the records classified as confidential, not for public release, and considered expunged for reporting purposes if:

(1)the application is submitted more than 3 years after the disciplinary offense or

offenses occurred or after restoration of the license, whichever is later;

(2)the licensee has had no incidents of discipline under the licensing Act since the

disciplinary offense or offenses identified in the application occurred;

(3)the Department has no pending investigations against the licensee; and

(4)the licensee is not currently in a disciplinary status.

(b)An application to make disciplinary records confidential shall only be considered by the Department for an offense or action relating to:

(1)failure to pay taxes;

(2)continuing education;

(3)failure to renew a license on time;

(4)failure to obtain or renew a certificate of registration or ancillary license;

(5)advertising;

(5.1) discipline based on criminal charges or convictions:

(A)that did not arise from the licensed activity and was unrelated to the licensed

activity; or

(B)that were dismissed or for which records have been sealed or expunged;

(5.2) past probationary status of a license issued to new applicants on the sole or

partial basis of prior convictions;

(6)any grounds for discipline removed from the licensing Act;

(7)failure to comply with workers' compensation requirements; or

(8)reprimand of a licensee.

(c)An application shall be submitted to and considered by the Director upon submission of an application and the required non-refundable fee. The Department may establish additional requirements by rule. The Department is not required to report the removal of any disciplinary record to any national database. Nothing in this Section shall prohibit the Department from using a previous discipline for any regulatory purpose or from releasing records of a previous discipline upon request from law enforcement, or other governmental body as permitted by law. Classification of records as confidential shall result in removal of records of discipline from records kept pursuant to Sections 2105-200 and 2105-205 of this Act.

(d)Any applicant for licensure or a licensee whose petition for review is granted by the Department pursuant to subsection (a-1) of Section 2105-165 of this Law may file an application with the Department on forms provided by the Department to have records relating to his or her permanent denial or permanent revocation classified as confidential and not for public release and considered expunged for reporting purposes in the same manner and under the same terms as is provided in this Section for the offenses listed in subsection

(b)of this Section, except that the requirements of a 3-year waiting period and the $175 application fee do not apply.