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(230 ILCS 25/1.2a) Sec. 1.2a. Applicant convictions. (a) The Department, upon a finding that an applicant for a license was convicted of a felony within the previous 5 years or of a violation of Article 28 of the Criminal Code of 1961 or Criminal Code of 2012, 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 the applicant is sufficiently rehabilitated or whether the 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;
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(2) the amount of time that has elapsed since the
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(3) if the applicant was previously licensed or
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| 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;
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(4) the age of the person at the time of the criminal
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(5) successful completion of sentence and, for
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| 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;
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(6) evidence of the applicant's present fitness and
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(7) evidence of rehabilitation or rehabilitative
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| 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
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(8) any other mitigating factors that contribute to
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| the person's potential and current ability to perform the duties and responsibilities of the position for which a license or employment is sought.
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(b) If the Department refuses to issue a license to an applicant, then the Department shall notify the applicant of the denial in writing with the following included in the notice of denial:
(1) a statement about the decision to refuse to issue
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(2) a list of the convictions that the Department
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| determined will impair the applicant's ability to engage in the position for which a license is sought;
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(3) a list of convictions that formed the sole or
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| partial basis for the refusal to issue a license; and
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(4) a summary of the appeal process or the earliest
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| the applicant may reapply for a license, whichever is applicable.
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(c) No later than May 1 of each year, the Department 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
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| license under this Act within the previous calendar year;
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(2) the number of applicants for a new or renewal
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| license under this Act within the previous calendar year who had any criminal conviction;
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(3) the number of applicants for a new or renewal
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| license under this Act in the previous calendar year who were granted a license;
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(4) the number of applicants for a new or renewal
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| license with a criminal conviction who were granted a license under this Act within the previous calendar year;
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(5) the number of applicants for a new or renewal
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| license under this Act within the previous calendar year who were denied a license; and
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(6) the number of applicants for a new or renewal
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| 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.
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(d) The Department shall not require applicants to report the following information and shall not consider the following criminal history records in connection with an application for licensure:
(1) Juvenile adjudications of delinquent minors as
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| defined in Section 5-105 of the Juvenile Court Act of 1987, subject to the exclusions set forth in Section 5-130 of the Juvenile Court Act of 1987.
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(2) Law enforcement records, court records, and
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| 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.
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(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
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(Source: P.A. 100-286, eff. 1-1-18.)
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