1. Alternative Forms of Relief of Criminal Records Relief
IMPACT Chicago Second Chance Project

2. 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.
Justice.
Opportunity.
Second Chances.

3. Expungement & Sealing Basics
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.

4. After Expunging or Sealing….
Requires authorization to run background checks and opportunity to correct information.
Prohibits employment discrimination based on expunged, sealed or impounded records.
Applications for employment may only inquire into convictions and not into an expunged or sealed record.
Applications for employment must contain language which states applicants need not disclose expunged or sealed records.
Answering “No” to the question.
Employment Applications
Fair Credit Reporting Act
Illinois Human Rights Act

5. Ineligible to Seal or Expunge? There is Still Hope!
Expungement and sealing is not the only answer
Waivers of statutory barriers are available
Incentives for employers are available
Mitigation opportunities are available

6. Alternative Forms of Relief
Health Care Waivers
Removes statutory barriers to working in health care facilities.
Available for non-licensed health care workers and any other employee with “access” to patients.
Granted by the Illinois Dept. of Public Health.
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.

7. Misdemeanors That May Require AFRs
*HB 2378*
Eff. 1/1/15
*Battery,* *assault,* *aggravated assault,* domestic battery, *reckless conduct,* violations of order of protection.
Crimes of Violence
Solicitation of Prostitute, Patronizing a Prostitute, Public Indecency, and many others that are less common. NOT PROSTITUTION!
Sex Crimes Under Article 11
DUIs & reckless driving*, dog fighting, animal cruelty.
*Except youthful offenders defined under 20 ILCS 2630/5.2(a)(3)(A).
Other offenses against public morals

8. Felony Convictions needing AFRs
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
Eligible for sealing… but may still need an AFR
Regardless of Class of Offense
Regardless of Age
Regardless of Circumstances
ALL Other Felony Convictions are Ineligible to be Sealed

9. Similarities Between Forms of Relief
Explanation of Conviction
Proof of “Rehabilitation” Specific to Record
Context of Criminal History in Life History
Educational and Employment History
Reasons and Justification for Specific Relief

10. Proving “Rehabilitation”
Following are common scenarios resulting in convictions…how to address each:
Drug Use
Theft or Property Crimes
Drug Dealing
Gang Membership
Crimes of Violence

11. 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

12. 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!
Misdemeanor files for Chicago can be obtained at the Daley Center, 50 W. Washington, Room 1006.
Felony files for Chicago can be obtained at 26th & California, 5th Floor Clerk’s Office. All files must be ordered by calling ~approximately 3 days to come in.
Other criminal cases must be obtained from appropriate Clerk’s Office in district/county case was heard.

13. Health Care Worker Waivers

14. 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.

15. 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.

16. 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:
Time Frames for Applying
Waiting periods apply based on # of convictions. Waiting period starts from conviction date (as opposed to from end of sentence).

17. Disqualifying Offenses under HCWBCA
Misdemeanors
Felonies
Appeals Process
- Theft*
- Retail Theft*
- Criminal Trespass to Residence*
- Practice Nursing without license*
- Assault
- Battery
- Domestic Battery
- Endanger Life/Health of Child*
- Unlawful Use of Weapon (UUW)*
* Sealable Offenses- 4 years after completion of last conviction.
- 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
- 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

18. Waiting Periods to Apply
Number of Disqualifying Offenses
Disqualifying Misdemeanor Convictions
Disqualifying Felony Convictions 1
1 year
3 years
2-3
5 years
More than 3
10 years
Appeals Cases
10 years from felony conviction

19. 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.

20. Process for Healthcare Waivers
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).
Receipt by Registry & Need for Fingerprints
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

21. Certificates of Good Conduct and Relief from Disabilities

22. Certificates of “Rehabilitation”
Can remove specific statutory barriers.
Waiting period is 2 years from completion of felony conviction or 1 year from completion of misdemeanor conviction.
Certificates of Good Conduct
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.
Certificates of Relief from Disabilities

23. Who Can Apply- Based on the Person
(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/ (a).
Certificates of Good Conduct
A court must make a “specific finding of rehabilitation” in that:
(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/ (b).
Certificates of Relief From Disabilities
A court must find, based on “clear and convincing evidence,” that:

24. 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
Convictions requiring registration (sex offender, murder, arson, etc.)
Felony convictions resulting in “great bodily harm or permanent disability”
*with narrow exceptions

25. Benefits of Certificates
Provides Incentive
Immunity from negligent hiring claims is provided to Certificate holders.
Removes Barriers
Certificates can remove statutory barriers to employment that historically have no waiver process built in the statute.
Differentiates
With the hundreds of thousands men and women with criminal records, let’s a person be more than a “YES” on the application.

26. 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:
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.

27. 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.

28. Process for Certificates
Judge makes decision based on rehabilitation and the public interest
Serve the State’s Attorney & schedule a court date
File in court of conviction (for most part) *there is no filing fee
Prepare a written petition
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.)

29. Executive Clemency

30. Petitions for Executive Clemency
Type-written petition submitted to the Prisoner Review Board (PRB).
Petition Submitted
Hearings are held four times a year (twice in Chicago and twice in Springfield).
Hearing Held before PRB
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).
Governor has Sole Authority to Render Decision

31. State of the Clemency Process
37% 9%
Not a quick solution – takes up to 4 years for a decision currently and life could change come November.

32. Certificates of Eligibility for Sealing

33. 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.
Applies to Class 3 and 4 felonies, except:
Crimes of violence
An offense involving a firearm
Certain sex crimes
DUI or Aggravated DUI
Eligibility begins 5 years after completion of sentence.
One offense; once in a lifetime.

34. 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.

35. Client & Community Services
Courtney Kelledes
Staff Attorney
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