Sec. 36. Applicant convictions.

782 words·~4 min read·/il/chapter-225/act-227/36

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

(a)The Office shall not require the applicant to report the following information and shall not consider the following criminal history records in connection with an application for a license under this Act:

(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.

(b)When reviewing, for the purpose of licensure, a conviction of any felony within the previous 5 years, the Office 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 such 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 Section 5-5.5-25 of the Unified Code of Corrections or a certificate of relief from disabilities under Section 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 specific licensed practice or employment position.

(c)If the Office refuses to issue a license to an applicant, then the applicant shall be notified 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 Office 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 Office 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;

(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;

(7)the number of licenses issued on probation without monitoring under this Act in the

previous calendar year to applicants with a criminal conviction; and

(8)the number of licenses issued on probation with monitoring under this Act in the

previous calendar year to applicants with a criminal conviction.