CERTIFICATE OF RELIEF FROM DISABILITY & GOOD CONDUCT:
WHEN CLEMENCY, EXPUNGEMENT, OR SEALING JUST WON’T WORK
Governor Rauner may want to bring back the Death Penalty, but for convicted felons looking to get right with society, he’s practically a 21st century Lincoln. In 2017, he removed the “conviction” prohibition for expungements and enacted the broadest, most permissive sealing law in the country. More than a year prior, to usher in 2016, he expanded the eligibility for Certificates of Good Conduct & Certificates of Relief from Disabilities. If you can’t expunge or seal your record, and you don’t want to wait for a pardon, a certificate of Good Conduct or Relief from Disabilities is an option.
But what exactly is a Certificate of Good Conduct or Relief from Disabilities? More importantly, what will it do for you? How long do you have to wait to get one? What is the process?
Eligible: ANY CRIME except: (730 ILCS 5/5-5.5-25)
- Arson & Aggravated Arson
- Kidnapping & Aggravated Kidnapping
- Aggravated DUI
- Aggravated Domestic Battery
- Any offense requiring registration under:
- Sex Offender Registration Act
- Murderer and Violent Offender Against Youth Registration Act
- Arsonist Registration Act
WHAT IS IT/DOES IT DO?
- Certificate of Relief from Disability: can provide recipient with relief from Illinois statutes banning professional licenses due to criminal convictions. Common licenses where the certificate applies include, but are not limited to:
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- Real Estate License
- Accounting License
- Barber’s License
- Professional Counseling License
- Roofing license
- Nutritionist License
- Professional Engineering Practice Act license
- Land Surveyor License
- Family Therapist License,
- among others.
- Certificate of Good Conduct: can provide an exception/relief to State bans on employment due to convictions, such as employment in:
- public schools
- with the park district
- the public transportation industry
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- *this type of certificate will not provide relief for a conviction banned under an Illinois licensure act. In this case, the proper certificate to seek is a Certificate of Relief from Disabilities.
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- RELIEVE EMPLOYER FROM LIABILITY:
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- Both a Certificate of Relief from Disability & Certificate of Good Conduct relieve an employer from criminal or civil liability for hiring an individual with a conviction, with the exception of willful and wanton acts by that individual.
- IMMUNITY: IS AN OFFICIAL FINDING OF REHABILITATION TO PRESENT TO EMPLOYER
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- Both the Certificate of Relief from Disabilities & Certificate of Good Conduct require the petitioner to demonstrate “rehabilitation.”
- Common sense dictates these certificates will increase an employer’s comfort in hiring someone with criminal convictions due to the legal protection the certificate provides for employers who hire convicts.
WHAT DOESN’T IT DO?
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- PROVE YOUR INNOCENCE
- PARDON YOU FOR THE CRIME
- PREVENT AN EMPLOYER FROM USING THEIR DISCRETION TO HIRE YOU
- But without the certificate………Who would you rather hire?
- PREVENT EMPLOYER FROM ACCESSING CRIMINAL BACKGROUND INFO
- STOP THE STATE FROM INTRODUCING THE CONVICTION AT TRIAL
WAITING PERIOD?
- Certificate of Relief from Disability:
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- Can be entered at time of sentencing
- At any time thereafter
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- Certificate of Good Conduct:
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- Most serious crime = misdemeanor = 1 year from termination of sentence
- Most serious crime = felony = 2 years from termination of sentence
PROCESS
In order for either a Certificate of Relief from Disability or of Good Conduct to be issued:
- Must be filed & issued in the jurisdiction conviction occurred
- Circuit Court/probation shall have the duty to investigate all applications
- Hearing will be held
- Petitioner must prove, by clear & convincing evidence, rehabilitation
- Shall be revoked upon conviction of subsequent conviction
Cleaning up your record has never been more possible in Illinois. Even those ineligible for clemency, sealing, or expungement have a path to redemption under Governor Rauner’s reforms. But none are automatic, nor provide guarantees. Remember, you have to prove your rehabilitation. Hiring an attorney shows the court you are taking this process seriously. Not only does it save hours of tedious preparation, hiring an experienced law firm increases your chances of presenting a professional & successful petition. At Robert Callahan & Associates, if you have a criminal record and want to know your options, we’re here to help. Call us at 312 322 9000.