225 ILCS 422/85

(225 ILCS 422/85)

(Section scheduled to be repealed on January 1, 2032)

Sec. 85. Consideration of past crimes.

(a) The Commission shall not require the license or permit holder or applicant to report the following information and shall not consider the following criminal history records in connection with an application for a license or permit 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 18 years old or younger at the time of the conviction for 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 considering the denial of a license or recovery permit on the grounds of conviction of a crime, the Commission, in evaluating whether the conviction will impair the license or permit holder's or applicant's ability to engage in the position for which a license or permit is sought and the license or permit holder's or applicant's present eligibility for a license or recovery permit, shall consider each of the following criteria:

(1) The lack of direct relation of the offense for which the license or permit holder or applicant was previously convicted to the duties, functions, and responsibilities of the position for which a license or permit is sought.

(2) Circumstances relative to the offense, including the license or permit holder's or applicant's age at the time that the offense was committed.

(3) Evidence of any act committed subsequent to the act or crime under consideration as grounds for denial, which also could be considered as grounds for disciplinary action under this Act.

(4) Whether 5 years since a conviction or 3 years since successful completion of the imposed sentence for the conviction, whichever is later, have passed without a subsequent conviction.

(5) Successful completion of sentence or for license or permit holders or applicants serving a term of parole or probation, a progress report provided by the license or permit holder's or applicant's probation or parole officer that documents the license or permit holder's or applicant's compliance with conditions of supervision.

(6) If the license or permit holder or 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.

(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.

(8) Any other mitigating factors that contribute to the license or permit holder's or applicant's potential and current ability to perform the duties and responsibilities of practices licensed or registered under this Act.

(c) When considering the suspension or revocation of a license or recovery permit on the grounds of conviction of a crime, the Commission, in evaluating the rehabilitation of the license or permit holder, whether the conviction will impair the license or permit holder's ability to engage in the position for which a license or permit is sought, and the license or permit holder's present eligibility for a license or recovery permit, shall consider each of the following criteria:

(1) The nature and severity of the act or offense.

(2) The license holder's or recovery permit holder's criminal record in its entirety.

(3) The amount of time that has elapsed since the commission of the act or offense.

(4) Whether the license holder or recovery permit holder has complied with any terms of parole, probation, restitution, or any other sanctions lawfully imposed against him or her.

(5) If applicable, evidence of expungement proceedings.

(6) Evidence, if any, of rehabilitation submitted by the license holder or recovery permit holder.

(d) If the Commission refuses to issue or renew a license or permit, or suspends, revokes, places on probation, or takes any disciplinary action that the Commission may deem proper against a license or permit, then the Commission shall notify the license or permit holder or applicant of the decision in writing with the following included in the notice of decision:

(1) a statement about the decision;

(2) a list of the convictions that the Commission determined will impair the license or permit holder's or applicant's ability to engage in the position for which a license or permit is sought;

(3) a list of convictions that formed the sole or partial basis for the decision; and

(4) a summary of the appeal process or the earliest reapplication for a license or permit is permissible, whichever is applicable.

(e) No later than May 1 of each year, the Commission must prepare, publicly announce, and publish a report of summary statistical information relating to new and renewal license or permit applications during the preceding calendar year. Each report shall show, at a minimum:

(1) the number of applicants for a new or renewal license or permit under this Act within the previous calendar year;

(2) the number of applicants for a new or renewal license or permit under this Act within the previous calendar year who had a criminal conviction identified in paragraph (3) of subsection (a) of Section 80;

(3) the number of applicants for a new or renewal license or permit under this Act in the previous calendar year who were granted a license or permit;

(4) the number of applicants for a new or renewal license or permit with a criminal conviction identified in paragraph (3) of subsection (a) of Section 80 who were granted a license or permit under this Act within the previous calendar year;

(5) the number of applicants for a new or renewal license or permit under this Act within the previous calendar year who were denied a license or permit;

(6) the number of applicants for a new or renewal license or permit with a criminal conviction identified in paragraph (3) of subsection (a) of Section 80 who were denied a license or permit under this Act in the previous calendar year in whole or in part because of the prior conviction;

(7) the number of licenses or permits issued with a condition of probation without monitoring imposed by the Commission under this Act in the previous calendar year to applicants with a criminal conviction identified in paragraph (3) of subsection (a) of Section 80; and

(8) the number of licenses or permits issued with a condition of probation with monitoring imposed by the Commission under this Act in the previous calendar year to applicants with a criminal conviction identified in paragraph (3) of subsection (a) of Section 80.

(Source: P.A. 100-286, eff. 1-1-18; 100-948, eff. 1-1-19; 101-81, eff. 7-12-19.)