What Does This Mean?
Background Checks and
Understanding Criminal Records
Criminal Records
Collaborative
August 24, 2005
Robert Morris College
Welcome and Introduction
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Agenda
Packet Material
Evaluation
Restrooms
Cell Phones
Questions???
Criminal Records Collaborative
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5 organizations
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Cabrini Green Legal Aid Clinic
First Defense Legal Aid
Chicago Jobs Council
Safer Foundation
Sargent Shriver National Center on Poverty Law
Goals
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Remove legislative barriers to employment for exoffenders in Illinois
Increase effective opportunities for ex-offenders to
access transitional jobs and other placement
programs designed to address their needs
Build the capacity of two counties to better address
the employment needs of individuals with a criminal
record
Increase access to and capacity for delivering legal
services to individuals with a criminal record
“We know from experience that if (former prisoners)
can’t find work, or a home, or help, they are much
more likely to commit more crimes and return to
prison…America is the land of the second chance,
and when the gates of the prison open, the path
ahead should lead to a better life”
President George W. Bush
2004 State of the Union Address
Criminal Records Legislations
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PL 93-211 (sealing and expungement)
PL 93-210 (automatic expungement)
PL 93-207 (Certificates of Relief )
PL 93-208 (Transitional jobs)
Public Act 93-1084 (June 1, 2005)
Problem
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Barriers To Employment
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Legal Action Center report “After Prison: Rock
blocks to Re-entry”
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Employment
Public Assistance and Food Stamps
Voting
Public Housing
Adoptive and Foster Parenting
Drivers’ Licenses
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Occupational and Licensure Bars
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Division of Professional regulations
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Internal waiver process, but very subjective and limited
Health Care Worker Background Check Act
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Restricts job seekers with a criminal record from
certain occupations in the healthcare field
Healthcare Waiver by the Illinois Department of
Public Health
Working with Employers
Background Checks
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Increase use in background check services
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Does not tell the whole story
A criminal record is associated with a 50%
decrease in employment opportunities for whites,
and a 64% decrease for blacks
Internet Services
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Reliability / incorrect information
Fair Credit Reporting Act
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Employers may use consumer report information
when considering employment applications as long
as they comply with the federal Fair Credit Reporting
Act
A Consumer Reporting Agency (CRA) is any person
who for monetary compensation, regularly engages
in the practice of investigating and evaluating
information to provide reports to employers for the
purpose of evaluating an individual for employment,
promotion, assignment or retention as an employee
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Specific individual rights
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Employers who use information from a CRA to deny
employment must inform the job applicant and provide the
name, address and phone number of the CRA that provided
the consumer report
If a file contains inaccurate information, the CRA must
investigate the item in question and provide a written report
of the investigation to the owner of the file and a copy of an
amended report if the investigation results in a change
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Consumer reports may not contain adverse
information (including an arrest not leading to
a conviction) more than seven years old
except for the following reasons:
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Bankruptcies may be reported for 10 years
Convictions may be reported without any time
limitations
Federal Legislation
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Strong opposition to using commercially available
databases
Require a person or organization requesting information
secure a specific written authorizations for release of
criminal background check information form the person with
the criminal record
Require that the records be shares with the individuals
under all circumstances, regardless if the person if denied
employment
Require a process for appeal
Restrict employers charging for background checks
Criminal History Records
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Only available through the state police
A written consent must be obtained by a CRA before
it gives out any information to an employer or
prospective employer. Notification language that
appears on an application for employment is NOT
acceptable. Written authorization from the individual
to whom the report relates, in the form of a “standalone document” must be used for a consumer
report to be obtained for employment purposes
Big Questions for Employers/ HR
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Do I have to show a job applicant their background
check?
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Applicants are legally entitled to review their background
check because many background checks are inaccurate.
What do I really need to know about a job applicant's
background?
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What type of crime was committed?
How long was the conviction?
What will your organization provide in the way of support if
the employer hires this individual?
Does the client deal well with conflict?
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Are there instances when I can deny
employment based on someone's criminal
record?
Negligent Hiring
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One of the key factors in determining negligent hiring is whether
an employer could have foreseen the criminal activity. This is
why employers conduct background checks and have concerns
about job seekers who have committed violent offenses.
Employers are encouraged to give full consideration to certain
factors when determining whether to hire a person with a
criminal record:
The nature and gravity of the crimes.
The time that has passed since the conviction or completion of
sentence.
The nature of the job being sought.
Things to Consider
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The state’s public policy of encouraging the employment of
individuals with a criminal record
The duties and responsibilities related to the job sought.
Applicant’s fitness or ability to perform these duties and
responsibilities associated with the job sought
Applicant’s age at the time of the criminal offense
The seriousness of the offense
Any information produced by the applicant, or on the applicant’s
behalf regarding his or her rehabilitation and good conduct
The interest in protecting property, and the safety and welfare
of specific individual or the general public
Certificates of Rehabilitation
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“Grant” the holder a presumption of rehabilitation as
to any convictions listed in the certificate
Serve as a “letter of recommendation”
“Remove bars” for licenses, but do not guarantee a
license
Employers do not have to honor certificates.
Can be used with 18 occupational Acts listed by the
Illinois Department of Financial and Professional
Regulations
Certificate of Relief from Disability
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A person with a misdemeanor must
demonstrate one year of good conduct
One felony conviction
Non- violent misdemeanors
No time in federal or state department of
corrections (includes supervision by the
state)
Application is made to the Circuit Court
Certificate of Good Conduct
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A person must demonstrate three years of
good conduct
More than one felony conviction (non-violent)
Incarcerated in a Illinois correction facility
Application is made to the Illinois Prisoner
Review Board
License can be revoked
Occupational Acts
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Barber/Cosmetology/Esthetics/Nail
Technology
Electrologist
Landscape Architecture
Interior Design
Athletic Training
Professional Boxing
Shorthand Reporters
Land Surveyor
Marriage and Family Therapy
Roofing Industry
Professional Counselor and Clinical
Professional Counselor
Real Estate
Engineering
Water Well and Pump Installation
Contractor
www.idph.state.il.us/rulesregs/rulesindexbytopic.htm)
The Private Employment Agency Act
www.state.il.us/agency/idol/)
Animal Welfare
www.agr.state.il.us/
Farm Labor Contractor
www.agr.state.il.us/
Boiler/Pressure Vessel Repairer
(overseen by the State Fire Marshall)
Incentives for Employers
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Federal Bonding Program
Patricia Rusoff
Illinois Department of Employment Security
Prusoff@ides.state.il.us
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Work Opportunity Tax Credit
Barbara Herber
312-793-2620 ext. 231
bherber@ides.state.il.us
Obtaining and Understanding Criminal
Records
Obtaining Records- Police
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Local- Chicago Police Department
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3510 S. Michigan Ave.
8am-12pm (fingerprinting)
2:00pm-3:30pm (pick up records)
$16 fee
State-Illinois State Police
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Division of Administration, and Bureau of Identification
(815) 740-5160
$20 (finger printed), $16 name only
Obtaining Records- Court
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Court- Public Computers
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(8:30am-4:30pm)
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Room 1006
Daley Center
50 W. Washington
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Cabrini Green Legal Aid Help Desk
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Started in August 2005
Daley Center, Room 1006
Mondays- Wednesdays
9am-12pm
9 appointments per day
Client MUST have a copy of their Chicago
criminal record (rap sheet)
No cost for legal services
Clearing Records
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Expungement
Sealing
Executive Clemency
New law effective June 1, 2005 (PA 93-1084)
Remedy available is dependant on several
factors
Expungement
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Complete destruction of criminal record
Generally only available for “non-convictions”
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Arrests
Supervision
710/1410 probation
Sealing
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Some entities still have access to records
Generally available for expugnable offenses
Some misdemeanor convictions
Few felony convictions
Executive Clemency
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Pardon
Most felonies
Governor
Prisoner Review Board
Access to Sealed Records
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Courts
Law enforcement agencies
Prosecutors
State and federal entities that are required by
law to inquire
Retaining and Release of Sealed
Records
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State police
Released only by state or federal laws that
require inquiry
Subject to the provisions of the Illinois
Human Rights Act: expunged and sealed
records cannot be used for employment
purposes
Other Provisions
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Court duty to advise
State Police funding
Juvenile records
Court Filing
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Sealing and Expungement
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Filing fee waiver
Bond forfeitures
Cook County forms
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6 districts
Other Circuits in the State
Reading Records
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ACCURACY
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Fingerprints- IR numbers
State Police inquiry
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UCIA
UCIAF
Rap Sheet Exercises
Evaluations
Thank you!