Ill. Admin. Code tit. 50, § 4515.140 - Felony Offense Review
a) The Director
and the Department will not require applicants or certificate holders to report
the following information and will not collect and consider the following
criminal history records in connection with a certificate under this Part:
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 that Act;
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 charge
or conviction;
4) Records of arrest
where charges were dismissed unless related to the duties and responsibilities
of a Navigator, Certified Application Counselor, or In-Person Counselor.
However, individuals will not be asked to report any arrests, and any arrest
not followed by a conviction will not be the basis of disciplinary action by
the Director and may be used only to assess an individual's rehabilitation.
Nothing in this subsection relieves a Navigator or Certified Application
Counselor certificate holder of the requirement to report any criminal
prosecution taken in any jurisdiction to the extent provided in Section 35 of
the Act;
5) Convictions overturned
by a higher court;
6) Convictions
or arrests that have been sealed or expunged.
b) The Director, upon a finding that an
individual was previously convicted of a felony, will consider any mitigating
factors and evidence of rehabilitation contained in the individual's record,
including any of the following factors and evidence, to determine if a
certificate may be denied, suspended, or revoked because the prior conviction
will impair the individual's ability to engage in the position for which a
certificate is sought:
1) the bearing, if any,
of the offense for which the individual was previously convicted on the duties
and functions of the position for which a certificate is sought;
2) whether the conviction suggests a future
propensity to endanger the safety and property of others while performing the
duties and responsibilities for which a certificate is sought;
3) whether 5 years since a felony conviction
or 3 years since release from confinement for the conviction, whichever is
later, have passed without a subsequent conviction;
4) if the individual was previously certified
or employed in this State or other states or jurisdictions, then the lack of
prior misconduct arising from or related to the certified position or position
of employment;
5) the individual's
age at the time of the criminal offense;
6) successful completion of sentence and, for
individuals serving a term of parole or probation, a progress report provided
by the individual's probation or parole officer that documents the individual's
compliance with conditions of supervision;
7) evidence of the individual's present
fitness and professional character;
8) 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 certificate of
relief from disabilities under Section 5-5.5-10 of the Unified Code of
Corrections; and
9) any other
mitigating factors that contribute to the person's potential and current
ability to perform the duties and responsibilities of a certificate
holder.
c) If the
Director denies, suspends, or revokes a certificate based upon a conviction or
convictions in whole or in part, then the Director will notify the applicant of
the disciplinary action in writing with the following included in the notice:
1) a statement about the decision to deny,
suspend, or revoke the certificate;
2) a list of convictions that the Director
determined will impair the individual's ability to engage in the position for
which the certificate is sought;
3)
a list of the convictions that were the sole or partial basis for the
disciplinary action; and
4) a
summary of the appeal process or the earliest the individual may reapply for a
certificate, whichever applies.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.