Alternative Forms of Relief of
Criminal Records Relief
IMPACT Chicago Second Chance Project
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How CGLA Fills a Major Need
There are hundreds of thousands of
individuals with criminal records in Cook
County. These individuals are barred from
employment, housing, and many educational
opportunities regardless of how minor or
distant in time their offenses.
CGLA’s Criminal Records Program helps
clients clear or mitigate their criminal records
through expungement & sealing, pardon
petitions, certificates and waivers. We also
seek to educate those with criminal records
as to their rights and employers as to their
responsibilities.
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Expungement & Sealing Basics
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Expungement
Those who have never
been convicted of any
criminal offense,
anywhere, at any point
in their adult life
Sealing
Those who have been
convicted of minor
misdemeanor or
certain limited felony
offenses.
After Expunging or Sealing….
•Applications for
employment must
contain language which
states applicants need
not disclose expunged or
sealed records.
•Prohibits employment
discrimination based on
expunged, sealed or
impounded records.
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•Applications for
employment may only
inquire into convictions
and not into an expunged
or sealed record.
Answering
“No” to the
question.
Employment
Applications
Illinois
Human
Rights Act
Fair Credit
Reporting
Act
•Requires authorization to
run background checks
and opportunity to
correct information.
Ineligible to Seal or Expunge?
There is Still Hope!
Incentives for
employers
are available
Waivers of
statutory
barriers are
available
Mitigation
opportunities
are available
Expungement
and sealing is
not the only
answer
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Alternative Forms of Relief
Health Care Waivers
• Removes statutory
barriers to working
in health care
facilities.
• Available for nonlicensed health care
workers and any
other employee
with “access” to
patients.
• Granted by the
Illinois Dept. of
Public Health.
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Certificates of Good
Conduct & Relief
from Disability
• Granted by the
courts after a
“rehabilitation
hearing.”
• Can remove specific
statutory
employment
barriers or
discretionary
licensing barriers.
• Can be used to aid
in job searches,
provides immunity
from negligent
hiring.
Petitions for
Executive Clemency
• Ultimate form of
relief from a
conviction.
• If a pardon is
granted by the
Governor, with
specific
authorization,
conviction can be
expunged.
• Extraordinary
remedy.
Certificates of
Eligibility for Sealing
• Granted by the
Illinois Prisoner
Review Board.
• Permits Circuit
Court, at its
discretion, to seal
an otherwise
unsealable offense.
• Applies to certain
Class 3 and 4 felony
offenses.
Misdemeanors That May Require AFRs
Crimes of Violence
• *Battery,* *assault,* *aggravated assault,* domestic battery,
*reckless conduct,* violations of order of protection.
*HB 2378*
Eff. 1/1/15
Sex Crimes Under Article 11
• Solicitation of Prostitute, Patronizing a Prostitute, Public Indecency,
and many others that are less common. NOT PROSTITUTION!
Other offenses against public morals
• DUIs & reckless driving*, dog fighting, animal cruelty.
• *Except youthful offenders defined under 20 ILCS 2630/5.2(a)(3)(A).
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Felony Convictions needing AFRs
Eligible for sealing… but may still need an AFR
• Possession of a Controlled Substance and Possession with Intent to Deliver
• Possession of Cannabis
• Prostitution (although no longer a felony offense!)
• Methamphetamine Precursor Control Act
• Retail Theft
• Theft
• Deceptive Practices
• Forgery
• Possession of Burglary Tools
ALL Other Felony Convictions are Ineligible to be Sealed
• Regardless of Class of Offense
• Regardless of Age
• Regardless of Circumstances
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Similarities Between Forms of Relief
Explanation of
Conviction
Reasons and
Justification for
Specific Relief
Educational and
Employment
History
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Proof of
“Rehabilitation”
Specific to
Record
Context of
Criminal History
in Life History
Proving “Rehabilitation”
Following are common scenarios resulting in
convictions…how to address each:
Drug Use
Theft or
Property
Crimes
Gang
Membership
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Drug Dealing
Crimes of
Violence
Documents to Prove Rehabilitation
Letters of Support – See Supplement 3: Guidelines for Letters of Support
Certificates, Diplomas, Degrees, Proof of Education
Proof of Sobriety
Other fact specific documents (anger management classes, proof of counseling)
Steady job history (resume)
Lack of criminal record (rap sheet)
Information specific to relief sought
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Obtaining Criminal Records
Sometimes information from the court file itself is
required to refresh recollection, get supporting documents
or prove the facts and circumstances alleged.
Court dispositions
are available in the
appropriate county
that the offense
was charged in. In
Cook County, can
purchase any
disposition at the
Daley Center.
Good exhibits!
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Misdemeanor files
for Chicago can be
obtained at the
Daley Center, 50 W.
Washington, Room
1006.
Felony files for
Chicago can be
Other criminal
obtained at 26th &
cases must be
California, 5th Floor
obtained from
Clerk’s Office. All
appropriate Clerk’s
files must be
Office in
ordered by calling
district/county
773-869-1762
case was heard.
~approximately 3
days to come in.
Health Care Worker Waivers
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Health Care Waivers
http://www.idph.state.il.us/nar/
The Health Care Worker Registry lists individuals with a background check conducted pursuant to
the Health Care Worker Background Check Act (225 ILCS 46). It shows training information for
certified nursing assistants (CNA) and other health care workers. Additionally, it displays
administrative findings of abuse, neglect or misappropriations of property. It is maintained by the
Department of Public Health.
The Health Care Worker Background Check Act applies to all unlicensed individuals employed or
retained by a health care employer as home health care aides, nurse aides, personal care
assistants, private duty nurse aides, day training personnel, or an individual working in any similar
health-related occupation where he or she provides direct care (e.g., resident attendants, child
care/habilitation aides/developmental disabilities aides, and psychiatric rehabilitation services
aides) or has access to long-term care residents or the living quarters or financial, medical or
personal records of long-term care residents. It also applies to all employees of licensed or
certified long-term care facilities who have or may have contact with residents or access to the
living quarters or the financial, medical or personal records of residents.
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Health Care Worker Registry
www.idph.state.il.us/nar
The Health Care Worker Registry lists individuals with a background check conducted pursuant to
the Health Care Worker Background Check Act (225 ILCS 46). It shows training information for
certified nursing assistants (CNA) and other health care workers. Additionally, it displays
administrative findings of abuse, neglect or misappropriations of property. It is maintained by the
Department of Public Health.
The Health Care Worker Background Check Act applies to all unlicensed individuals employed or
retained by a health care employer as home health care aides, nurse aides, personal care
assistants, private duty nurse aides, day training personnel, or an individual working in any similar
health-related occupation where he or she provides direct care (e.g., resident attendants, child
care/habilitation aides/developmental disabilities aides, and psychiatric rehabilitation services
aides) or has access to long-term care residents or the living quarters or financial, medical or
personal records of long-term care residents. It also applies to all employees of licensed or
certified long-term care facilities who have or may have contact with residents or access to the
living quarters or the financial, medical or personal records of residents.
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Health Care Waivers
The Healthcare Worker Background Check Act
• Prohibits healthcare employers from employing persons
with “disqualifying convictions.”
Not every conviction is disqualifying!!!
• Waiver is only needed for those listed by statute.
Complete list of disqualifying convictions at:
http://www.idph.state.il.us/nar/disconvictions.htm
Time Frames for Applying
• Waiting periods apply based on # of convictions. Waiting
period starts from conviction date (as opposed to from
end of sentence).
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Disqualifying Offenses under HCWBCA
MISDEMEANORS
- Theft*
- Retail Theft*
- Criminal Trespass to Residence*
- Practice Nursing without license*
- Assault
- Battery
- Domestic Battery
- Endanger Life/Health of Child*
- Criminal Trespass to Residence*
- Unlawful Use of Weapon (UUW)*
* Sealable Offenses- 4 years after completion
of last conviction.
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FELONIES
- Unlawful Restraint
- Forcible Detention
- Child Abduction
- Tampering w/ food/drug/ cosmetic
- Aggravated stalking
- Home Invasion
- Theft (includes retail and identity)*
- Forgery*
- Robbery
- Vehicular Hijacking
- Burglary and residential burglary
- Arson
- Reckless Discharge of Firearm
- Armed Violence
- Practice Nursing w/o a license
- Cruelty to children
- Receive/Sell/ Use stolen Credit card
- Criminal Drug Conspiracy
- Methamphetamine Violations
- Manufacture, Delivery, or Possession w/
intent Cannabis/Controlled Substance
APPEALS PROCESS
- Murder (1st, 2nd degree)
- Solicitation of Murder
- Involuntary Manslaughter
- Kidnapping
- Indecent solicitation of child
- Sexual misconduct with disabled
- Exploitation of child
- Child Pornography
- Aggravated Domestic Battery
- Aggravated battery
- Heinous Battery
- Criminal Sexual Assault
- Criminal Sexual Abuse
- Abuse/Neglect- LTC resident
- Criminal Abuse elderly/disabled
- Armed Robbery
- Aggravated Vehicular Hijacking
- Aggravated Robbery
Waiting Periods to Apply
NUMBER OF
DISQUALIFYING
OFFENSES
DISQUALIFYING
MISDEMEANOR
CONVICTIONS
DISQUALIFYING FELONY
CONVICTIONS
1
1 YEAR
3 YEARS
2-3
3 YEARS
5 YEARS
MORE THAN 3
5 YEARS
10 YEARS
APPEALS CASES
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10 YEARS FROM FELONY CONVICTION
The Deceptively Simple Application
More information is needed than what is asked for on the application.
(See Supplement 16: Health Care Waiver Application.)
Only need to explain disqualifying convictions and provide court dispositions as
proof of completing the sentence satisfactorily.
(See Supplement 14: Steps in the Health Care Waiver Process.)
Only need to disclose non-disqualifying convictions.
Do not include the RAP sheet as an attachment.
Toned down clemency petition.
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Process for Healthcare Waivers
Receipt by Registry &
Need for Fingerprints
• Complete application and
compile supporting
documentation.
• Mail to the Healthcare
Worker Registry.
Preparing Waiver
Application
•Applicant will receive letter
requiring fingerprints to be taken
through Illinois State Police.
•Letter is received ~3 weeks after
receipt by Registry.
•If documents are needed, letter
will ask for those (i.e. proof of
completion of sentence).
•After receipt of all documents and
Livescan fingerprints, a decision is
made ~3-6 weeks later.
•Registry meets every three weeks
to make decisions.
•Letter is mailed to applicant and
registry reflects decision.
Decision by
Healthcare Worker
Registry
Process typically takes 6-8 weeks
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Certificates of Good Conduct
and Relief from Disabilities
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Certificates of “Rehabilitation”
Certificates
of Good
Conduct
Certificates
of Relief
from
Disabilities
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• Can remove specific statutory barriers.
• Waiting period is 2 years from
completion of felony conviction or 1
year from completion of misdemeanor
conviction.
• Available for 27 occupational licensed
granted through Illinois Dept. of
Financial and Professional Regulation.
• No waiting period, can be applied for at
time of sentencing or anytime
thereafter.
Who Can Apply- Based on the Person
Certificates of
Good Conduct
A court must make
a “specific finding
of rehabilitation”
in that:
Certificates of
Relief From
Disabilities
A court must find,
based on “clear
and convincing
evidence,” that:
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• (1) the minimum period of good conduct is met;
• (2) the relief to be granted is consistent with the
rehabilitation of the petitioner; and
• (3) the relief to be granted is consistent with the
public interest.
• 730 ILCS 5/5-5.5-30(a).
• (1) the relief to be granted is consistent with the
rehabilitation of the petitioner, and
• (2) the relief to be granted is consistent with the
public interest.
• 730 ILCS 5/5-5.5-15(b).
Who Can Apply- Based on Record
Available through the court of conviction* for
all convictions except:
Class X
Felonies
Aggravated
DUI or
Aggravated
Domestic
Battery
*with narrow exceptions
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Felony
Convictions
convictions
requiring
resulting in
registration
“great bodily
(sex offender,
harm or
murder,
permanent
arson, etc.)
disability”
Benefits of Certificates
Provides
Incentive
• Immunity from
negligent hiring
claims is provided
to Certificate
holders.
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Removes Barriers
Differentiates
• Certificates can
remove statutory
barriers to
employment that
historically have no
waiver process built
in the statute.
• With the hundreds
of thousands men
and women with
criminal records,
let’s a person be
more than a “YES”
on the application.
What employment bars can be waived by CGCs?
Any Illinois law that prohibits the hiring of individuals with certain
convictions, with the exception of law enforcement.
• Challenge to know the statutory bars. Task Force on Employment Barriers:
http://www.icjia.org/public/pdf/ResearchReports/IERTF%20Final%20Report.pdf
Examples include: the Illinois School Code, the Park District Code,
the Metropolitan Transit Act, etc.
• This does not include unlicensed health care jobs because there is a separate
waiver process available through the Illinois Department of Public Health.
Examples of CGLA victories include the Chicago Public Schools,
CTA, Illinois State Board of Education, and School Bus Driver
permits through the Secretary of State.
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Certificates of Relief From Disability
Animal Welfare Act, Illinois Athletic Trainers Practice Act, Barber, Cosmetology, Esthetics,
and Nail Technology Act of 1985, Boiler and Pressure Vessel Repairer Regulation Act,
Professional Boxing Act, Illinois Certified Shorthand Reporters Act of 1984, Illinois Farm
Labor Contractor Certification Act, Interior Design Title Act, Illinois Professional Land
Surveyor Act of 1989, Illinois Landscape Architecture Act of 1989, Professional Counselor
and Clinical Professional Counselor Licensing Act, Marriage and Family Therapy Licensing
Act, Private Employment Agency Act, Real Estate License Act of 2000, Illinois Roofing
Industry Licensing Act, Professional Engineering Practice Act, Water Well and Pump
Installation Contractors License Act, Electrologist Licensing Act, Auction License Act, Illinois
Architecture Practice Act of 1989, Dietetic and Nutrition Services Practice Act,
Environmental Health Practitioner Licensing Act, Funeral Director and Embalmers Licensing
Code, Land Sales Registration Act of 1999, Professional Geologist Licensing Act, Illinois
Public Accounting Act, Structural Engineering Practice Act of 1989.
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Process for Certificates
Prepare a
written petition
File in court of
conviction (for
most part)
*there is no
filing fee
Serve the
State’s Attorney
& schedule a
court date
Judge makes
decision based
on
rehabilitation
and the public
interest
Court dates can be scheduled any day in Chicago, at least one week
from date of filing. Other jurisdictions require them to be on certain
court calls, but overall, short turnaround time.
(See Supplement 6: Steps in the Certificate Process.)
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Executive Clemency
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Petitions for Executive Clemency
Petition Submitted
• Type-written petition submitted to the Prisoner Review Board
(PRB).
Hearing Held before PRB
• Hearings are held four times a year (twice in Chicago and twice in
Springfield).
Governor has Sole Authority to Render Decision
• PRB makes non-binding recommendation, Governor has no time
frames, and it takes years for a decision (Gov. Quinn currently
finishing his review of petitions filed in 2009).
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State of the Clemency Process
3000
~2500
2500
~2500
1848
2000
37%
Grants
1500
1075
1000
1231
9%
Pending
500
120
0
Governor Quinn
Blagojevich
Not a quick solution – takes up to 4 years for a decision currently and life could change come November.
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Denials
Certificates of Eligibility for Sealing
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Certificates of Eligibility for Sealing
A recommendation
from the Illinois
Prisoner Review Board
to the Circuit Court
order the sealing of an
offense that otherwise
is ineligible to be
sealed under the law.
Eligibility begins 5
years after completion
of sentence.
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Applies to Class 3 and
4 felonies, except:
•Crimes of violence
•An offense involving a
firearm
•Certain sex crimes
•DUI or Aggravated DUI
One offense; once in a
lifetime.
FAQ’s
Clients have been pre-screened and invited to today’s event.
Each client has a folder prepared with information about their criminal record, the
form of relief they are seeking, and the type of employment they are seeking.
Work as partners to organize.
Supervising Attorneys will be circulating.
Printing and Copying – ask the runners.
Don’t let clients leave without written explanations of what happens next.
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Courtney Kelledes
Staff Attorney
Client & Community Services
•312 738-2452 x441
•courtneykelledes@cgla.net
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