Criminal Records Workshop

Cabrini Green Legal Aid Clinic

Chicago Jobs Council

March 31, 2005

John Marshall Law School

Welcome

Agenda

Employment Barriers Working with Employers Obtaining and Understanding Criminal

Records Clearing Records Rap Sheets Exercise

Employment Barriers

Background Checks

Increase in background checks by employers

Allows employers to discriminate in their hiring practices

Occupational Barriers

Division of Professional Regulations Waiver process, but very subjective and limited

Health Care Worker Background Check Act Restricts job seekers with a criminal record from

certain occupations in the healthcare field

Lack of Community Capacity

Returning to Chicago’s West and South sides 5 major zip codes: 60624, 60644, 60651, 60612,

60623 Lack of employment and training providers in

the City. All organization needs to be able to serve this

population.

Discrimination and Bias

Racial and ethnic discrimination Stigma and bias

Employers Trust Creditibility Liability and safety

Community-based providers

Working with Employers

Myth # 1

Employers do not hire people with a criminal record.

Myth # 2

A person with a record cannot be trusted as a good employee. They do not have a good

work ethic and they have to be closely supervised.

Myth # 3

If they have committed one crime, they will commit another.

Myth # 4

If I hire someone with a criminal record, I will be liable if they hurt another employee or a

customer. I will be sued.

Things to Remember

Be realistic with yourself, with the employer and the job seeker.

Talk with employers about the support services you and your organization can provide.

Make sure that a job seeker can explain his/her criminal record.

Some employers want to be known as a fair employer- not an employer who hires employees with a criminal record.

General Questions

Can an employer ask about :

Arrest? Convictions? Expunged or sealed criminal records?

Job Applications

Applications are legal documents – must be filled out completely and accurately.

Questions concerning criminal history should only be answered when asked and read carefully.

Leaving questions blank might be construed as being dishonest.

Obtaining and Understanding Criminal Records

Criminal Records

Date

Disposition

Arrest

Final Order

Reading Records

ACCURACY

Fingerprints- IR number State Police inquiry

UCIA UCIAF

Obtaining Records - Police

Local- Chicago Police Department3510 S. Michigan Ave. 8am-12pm (fingerprinting); 2:00pm-3:30pm (pick up records) $16 fee

State-Illinois State Police Division of Administration, and Bureau of Identification 260 North Chicago StreetJoliet, Illinois 60431(815) 740-5160$20 (finger printed), $16 name only

Obtaining Records- Court

Court- Public Computers (8:30am-4:30pm)

Room 1006

Daley Center

50 W. Washington

Room 526

Criminal Courts Building

2650 S. California Ave.

Criminal Law

Misdemeanor Sentence of less than 1 year Jail- CCDOC Probation

Criminal Law

Felony Sentence of 1 year or more Prison – IDOC Parole

Criminal Law

Arrest (Non-conviction)- Expunge Non-conviction SOL- Stricken off with leave to reinstate Nolle Pros-charges dropped by the state FNPC- no probable cause found Supervision 710/ 1410 probation Not guilty

Criminal Law

Conviction-Seal Finding of guilt

Plea Verdict

Time served (TCS) Sentence of probation Conditional discharge

Clearing Records

“The governor may grant reprieves, commutations, and pardons, after conviction,

for all offenses on such terms as he thinks proper. The manner of applying therefore

may be regulated by law.”

Illinois Constitution, Article V, Section 12

Pardon- Executive Clemency

Most felonies Governor Prisoner Review Board

Sealing-Misdemeanors

Exceptions Sex crimes (except prostitution) Violation of an Order of Protection Criminal sexual abuse Dog fighting Violation of Humane Care for Animals Act Violent crimes as defined in the Crimes Victim’s

Compensation Act Crimes that require Sex Offender Registration

Sealing-Felonies

PA 93-1084, effective June 1, 2005 Misdemeanors and Class 4 felonies

Prostitution Possession of cannabis Possession of controlled substances

One time only for felonies Proof of clean drug test required for drug

convictions

Sealing- Waiting Period

4 years following the completion of the sentence

3 years after supervision is completed When acquitted When a conviction is reversed

Access to Sealed Records

Courts Law enforcement agencies Prosecutors State and federal entities that are required by

law to inquire

Retention and Release of Sealed Records

State police Released only by state or federal laws that

require inquiry Subject to the provisions of the Illinois Human

Rights Act: expunged and sealed records cannot be used for employment purposes

Other provisions

Court duty to advise State Police funding 710/1410 Adult records

Expungement

All or nothing Misdemeanors Destruction of record

Expungement-Waiting Period

Acquitted (not guilty)- Immediate Nolle Pros- Immediate SOL- 120 days or 160 days Supervision

2 years or 5 years after satisfactory termination

Court Filing

Sealing or Expungement Filing fee waiver Bond forfeitures Cook County forms

6 Districts Other Circuits

Rap Sheet Exercise