Certificates of Good Conduct & Relief from Disability

1. Certificates of Good Conduct & Relief from Disability Anthony Lowery, Director of Policy, The Safer Foundation Todd Belcore, Equal Justice Works Fellow, Sargent Shriver National Center on Poverty Law Beth Johnson, Director of Criminal Records, Cabrini Green Legal Aid

2. Overview of Training • Framing the issue – the need, the population, the solution. • Eligibility for Certificates of Good Conduct (CGC) and Relief from Disability (CRD). • Process & Procedure for filing Certificates with the Circuit Court. • Effect of Certificates and Putting the Certificates into Practice. • Working with Clients and Fact Scenarios on How to Prove “Rehabilitation.” • Next Steps.

3. Safer Foundation: An Integrated Strategy Community and Family Businesses Corrections Safer and Clients Human Services Safer is at the cross-section of four different arenas Our ability to bring all the stakeholders to the table is a crucial component to being able to address and counteract some of the major reentry and reintegration challenges

4. Safer’s Policy Work • Safer bases its interest in and commitment to this area of work on the recognition that a variety of policy and legislative obstacles exist that obstruct the successful return of people with criminal records to their communities. Safer has come to understand that policies such as these may unwittingly encourage recidivism and reduce opportunities for self-sufficiency.

5. Timeline of Certificates Former Illinois State Senator Barack Obama introduced Senate Bill 0125, which stalled in the Illinois Senate. In May 2003 the language from SB 0125 was incorporated into Illinois House Bill 0569, which was signed into law and went into effect January 2004. The two types of Certificates created by the legislation were: (1) a Certificate of Relief from Disabilities (CRD), which helps restore eligibility for 15 occupational licenses, and (2) a Certificate of Good Conduct (CGC), granted by the Prisoner Review Board (PRB), which demonstrates rehabilitation to employers. 2004 -Kimberly Lightford (D-Westchester) and Illinois State Representative Arthur Turner (D-Chicago), introduced legislation (Senate Bill 0948) that was signed into law August 12, 2004, as Public Act 93-0914, to extend the original list of 15 licenses covered under the original Certificates law to 18. 2006 - Illinois Senate Bill 1279. Sponsored by Illinois State Senator Terry Link and State Representative Arthur Turner was introduced on May 4, 2006. Governor Blagojevich signed the bill into law as Public Act 094-1067 on August 1, 2006. The law, which became effective immediately. Expanded the pool of eligibility for Certificates of Relief from Disabilities to include individuals convicted not more than twice of a felony. Persons convicted of crimes of violence, criminal sexual offenses, or Class X felonies continue to be ineligible. Expanded the occupational licenses covered by Certificates of Relief from Disabilities from the former 18 to 27.

6. Recent Updates • Effective January 1, 2010, Public Act 96-130 made the following changes:  • Authority to review an individual’s criminal history and grant petitions for Certificates of Relief from Disability and Certificate of Good Conduct was transferred from Illinois Prisoner Review Board to the Circuit Court where the person was sentenced • The legislation significantly reduced the range of felony convictions which bar an individual from seeking a certificate • A Circuit Court judge who grants a certificate of Certificate of Good Conduct has discretion to lift a multitude employment barriers imposed by state law, which were collateral consequences of the conviction • An employers, who hires an individual who obtained a certificate, is entitled to almost complete immunity from tort actions arising out of claims of negligent hiring • 2011- All new legislative procedures have been finalized with the Administrative Office and the Illinois Courts and Department of Professional and Financial Regulation. To expand access to people with records, Safer Foundation has sent certificates implementation processes information to all 102 counties in the state of Illinois. Since the inception of the legislation 133 people have applied for Certificate from Relief of Disability and 91 have been granted and 65 people have applied for Certificates of Good Conduct and 34 have been granted.

7. Framing the Issue • Nearly 2.7 men and women in Illinois have criminal records. • According to a recent study by the Society of Human Resource Management, 92% of employers use criminal background checks when making hiring decisions. 65% concede that mere arrests influence hiring decisions. • 97% of employers are influenced by even the most minor convictions (non-violent, misdemeanor convictions). • There is a 260 percent increase in the percentage of employers influenced when deciding to not make a job offer to individuals with non-violent felony convictions versus individuals with non-violent misdemeanor convictions

8. What are Certificates of Good Conduct and Relief from Disability? • Certificates provide a form or relief for those with past criminal convictions, to have a court-ordered finding or rehabilitation to aid in the search for employment. • “Certificates” are issued to “eligible offenders” after a “rehabilitation review” before the circuit court after a finding by “clear and convincing evidence” that a person is rehabilitated. See Attachment 1 – 730 ILCS 5/5-5.5-5, et. seq. • There are two types of Certificates – Certificates of Good Conduct (CGC) which can remove statutory employment barriers or Certificates of Relief from Disability (CRD) which can provide evidence to surpass discretionary licensing barriers issued by the Illinois Department of Regulation.

9. Why Not Expungement or Sealing? • Expungement is only available to those who have never been convicted of a criminal offense. • Sealing is only available to minor, non-violent, non-sexual misdemeanor convictions and only three felony convictions in the State of Illinois. • Of the 5,000 people per year seen at CGLA’s Help Desk, over 50% do not qualify for full relief through expungement or sealing of criminal records. • A pardon from the Governor is the only way for those with ineligible convictions to have a chance for the record to be expunged. That is a long-process without guarantees. • Since taking office, Governor Quinn has granted 718 pardons and denied 1,205. Nearly 3,000 remain pending dating back through 2007.

10. Who Can Apply – Based on their Record? • To petition the Court for a Certificates, a person must be an “eligible offender” as defined under 730 ILCS 5/5-5.5-5: • No limit to the number of felony convictions (certain rules of construction apply, regarding concurrent or same incident cases). • No Class X felonies, aggravated driving under the influence, aggravated domestic battery or any offense that results in registration. • No “forcible felonies” (murder, arson, kidnapping). • No Aggravated Battery or other felony involving violence or physical force resulting in “great bodily harm or permanent disability.” **HB 5771, Passed General Assembly 5/31/12, no limitation on number of convictions Certificates Training

11. Who Can Apply – Based on the Person They Are? • Good Conduct: A court must make a “specific finding of rehabilitation” in that (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 5/5-5.5-30(a). • Relief from Disability: A court must find, based on “clear and convincing evidence,” 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 5/5-5.5-15(b). Certificates Training

12. When Can a Person Apply? • Good Conduct: 2 years from the completion of the felony offense or one year for a misdemeanor. 730 ILCS 5/5-5.5-30(c). • The completion of the sentence is the date the person terminates probation, conditional discharge or is released from parole. • Relief from Disability: at the time the sentence is pronounced or anytime thereafter. 730 ILCS 5/5-5.5-15(a) Certificates Training

13. How Does One Apply? • Through a verified petition, filed with the circuit court in the county of conviction. • Certificates are heard in a manner designated by the Chief Judge (all cases thus far in Chicago have stayed before the Presiding Judge). • In Chicago, petitions are filed at the 5th Floor Clerk’s Office at 26th & California, with no less than 5 days notice. The State’s Attorney’s Office is served with a copy of the petition. See Attachment 2. • Best practice also has us deliver a courtesy copy to the Judge in Room 101. Certificates Training

14. What is Contained in the Petition? • Setting forth that a person is an “eligible offender.” • Information about the criminal record, including rap sheet, court dispositions and any other supporting court documents. • The employment bar (if any) that is sought through a CGC or the license sought through a CRD with the Department of Professional Regulation. • Why the relief is (1) consistent with the rehabilitation of the petitioner and (2) consistent with the public interest. This depends on the particular circumstances of the conviction and the goals of the individual. Includes proof of rehabilitation. • Sample Certificate of Good Conduct and Relief from Disability. See Attachement 3 and 4. Certificates Training

15. What Employment Bars Can Be Waived for CGCs? • Any Illinois law that prohibits the hiring of individuals with certain convictions, with the exception of law enforcement. 730 ILCS 5/5-5.5-25(a). • Challenge to know the statutory bars, will be addressed through the Task Force on Employment Barriers, HB 297. • Examples include: the Illinois School Code, the Park District Code, the Metropolitan Transit Act, etc. • This does not include unlicensed health care jobs, as there is a separate waiver process available through the Illinois Department of Public Health. • Examples of victories include the Chicago Public Schools – See Attachment 5 – and School Bus Driver permits through the Secretary of State. Certificates Training

16. What Licenses Can a CRD Be Issued For? • 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, Marriage and Family Therapy Licensing Act, Private Employment Agency Act, Professional Counselor and Clinical Professional Counselor Licensing 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. Certificates Training

17. What Supporting Documents Are Included? • Proof of “Rehabilitation”: • Letters of recommendation from family, friends, employers, pastors, community members, sponsors – anyone who can attest to your client’s character. • Certificates, Degrees and Diplomas to show education and training. • Information specific to the employment bar sought to be waived or the license sought through IDFPR. • Proof of sobriety, treatment records and how a person maintains their sobriety. *No rules of evidence apply in these cases* Certificates Training

18. What Supporting Documents Are Included? • Court Records: • Files should always be ordered for convictions. Useful information is included in those files, as well as supporting documentation. • Need to know the allegations that were charged against your client, information that is available to the State’s Attorney’s Office. • Court Dispositions are good exhibits as well, which the Judge wants to see when ruling on petitions. • Non-conviction records should only be ordered when crimes of violence, serious felony offenses or sex crimes involving violence. Nothing prohibits the Judge from considering these other records. Certificates Training

19. Where to Obtain Court Records • Misdemeanor files for Chicago can be obtained at the Daley Center, 50 W. Washington, Room 1006. • For cases 2008 and later, files can be obtained the same day. • For 2008 and before, must order in person in Room 1006 or potentially by calling 312-603-2288. • Felony files for Chicago can be obtained at 26th & California at the 5th Floor Clerk’s Office. Can order by calling 773-674-3152 and file arrives ~3 day slater. • Other criminal cases must be obtained from appropriate Clerk’s Office in the district/county where conviction occurred. Certificates Training

20. What Happens at the Hearing? • Although hearings are scheduled for 9 a.m., they typically do not start until 9:45 at the earliest. Because they are heard before the Presiding Judge (or any judge sitting in for him), a lot of other business is handled in his court room in the morning. • A “rehabilitation review” is conducted. You will present the case, but the Judge will interject at any time to ask you or your client questions directly – there are no rules of evidence! • Opening statements, presentation of evidence, testimony by the client and witnesses, closing arguments. • The State’s Attorney is allowed to object and ask your client questions. Certificates Training

21. What Order is Issued? • Good Conduct: The order should state the same information proven up at the hearing – eligible offender, what was proven by clear and convincing evidence, what employment bar was waived. See Attachment 6. • Relief from Disability: There is a form order available on the Clerk’s website, but it is inaccurate as to “eligible offender.” Encouraged to rewrite the order to accurately state who is an “eligible offender.” See Attachment 7. • Should always include that the Certificates provides immunity from negligent hiring claims. Certificates Training

22. Putting the Certificate Into Practice • Convictions still must always be disclosed, as the Certificate does not hide, alter, destroy or expunge the record. • Good Conduct: For specific employment bars, an attorney could write a letter explaining the legal relief to advocate for the hiring of the client. See Attachment 8. They must still apply to be considered. • Relief from Disability: A person applies for the specific license and upon review by the Department of Professional Regulation, the Certificate can be provided as additional evidence as to why the license should be granted. • Certificates can be used generally to aid in the search for employment, providing certain benefits to the employer. Certificates Training

23. Benefits to the Employer • “An employer is not civilly or criminally liable for an act or omission by an employee who has been issued a [certificate], except for a willful or wanton act by the employer in hiring the employee who has been issued a [certificate]. 730 ILCS 5/5-5.5-15(f) (CRD) and 730 ILCS 5/5-5.5-25(c) (CGC). • A court has specifically found a person to be “rehabilitated,” adding assurance that the person is a good candidate despite the past criminal record. • Removes statutory bars that would otherwise prevent the hiring of a qualified candidate. Certificates Training

24. Some Odd and Ends • Certificates of Good Conduct can be granted for out of state convictions that meet the same criteria when there are “specific sections of Illinois State law that have an adverse impact on the applicant and warrant the application for relief to be made in Illinois.” 730 ILCS 5/5-5.5-30(b)(1). • Certificates of Good Conduct can be enlarged in the future to cover other employment bars. 730 ILCS 5/5-5.5-30(d). • Relief from Disability can be enlarged to cover other licenses. 730 ILCS 5/5-5.5-15(d). Certificates Training

25. Working with the Client • Sensitivity to the challenges and frustrations felt by men and women struggling to support themselves and their families. • Acknowledging client’s feeling toward the goal of proving “rehabilitation.” • Managing expectation of the relief to be granted. • Helping to organize the client and bring out all the good that may or may not be recognized. • Being the vehicle to help the client share their story. • Awareness of mental health issues, history of abuse and history of sexual exploitation. Certificates Training

26. Fact Scenarios – How to Prove Rehabilitation Drug Addiction Certificates Training

27. Fact Scenarios – How to Prove Rehabilitation Selling Drugs Certificates Training

28. Fact Scenarios – How to Prove Rehabilitation Violent Crimes Certificates Training

29. Fact Scenarios – How to Prove Rehabilitation Theft-Related Offenses Certificates Training

30. Fact Scenarios – How to Prove Rehabilitation Gang Affiliations Certificates Training