went into effect, creating Certificates of Relief from Disabilities (CRDs) that help people with criminal records access occupational licenses in Illinois. Since then, the legislation has been expanded twice (in August 2004 and August 2006). Specifically, having a Certificate of Relief from Disabilities helps an individual meet the “good moral character” licensing standard. Although an individual with a criminal record can apply for a state license whether or not s/he has a CRD, if s/he has a CRD, the licensing agency has to prove its case if it denies him/her the license. It is important to note that having a CRD does not guarantee an individual a license but helps qualified applicants prove they meet the “good moral character” standard. Again, it is important to note that individuals without CRDs can still apply for licensure through the licensing agencies. The Illinois Department of Financial and Professional Regulation (IDFPR) is the licensing agency for most licenses.
Only individuals with no more than two non-violent felony convictions are eligible for Certificates of Relief from Disabilities. Persons convicted of crimes of violence, criminal sexual offenses, or Class X felonies are ineligible. Interested individuals should apply for a CRD to the Illinois Prisoner Review Board (PRB) (if the individual was incarcerated in Illinois state prison or was convicted federally or in another state) or to the sentencing court (if the Illinois sentence did not result in incarceration in state prison).
CRDs are useful when applying for the following 27 licenses:
- Athletic trainer
- Barber, cosmetologist, esthetician, and nail technician
- Professional boxer
- Certified shorthand reporter
- Interior designer
- Professional land surveyor
- Landscape architect
- Marriage and family therapist
- Professional counselor/clinical professional counselor
- Real estate agent
- Roofer
- Animal welfare inspector
- Boiler and pressure vessel repairer
- Farm labor contractor
- Employment agency counselor.
- Professional engineering
- Electrologist
- Water well and pump installation contractor
- Auction License
- Architecture Practice
- Dietetic and Nutrition Services
- Environmental Health Practitioner
- Funeral Directing and Embalming
- Land Sales
- Professional Geology
- Public Accountant
- Structural Engineering.
The Certificates legislation also established standards for licensing agencies to consider applicants who have CRDs on a case-by-case basis. The statute requires licensing agencies to consider eight factors when determining whether to grant a license to an applicant with a CRD. In this way, a CRD further helps an applicant gain licensure, as it establishes fair, measurable, and public standards for individual determinations. The eight factors are:
- The public interest of the state to encourage the licensure and employment of persons previously convicted of one or more criminal offenses;
- The specific duties and responsibilities necessarily related to the license being sought;
- The bearing, if any, the criminal offense(s) of which the person was convicted would have on his or her fitness or ability to perform one or more such duties and responsibilities;
- The time elapsed since the occurrence of the criminal offense(s);
- The age of the person at the time of occurrence of the criminal offense(s);
- The seriousness of the offense(s);
- Any information produced by the person or produced on his or her behalf in regard to his or her rehabilitation and good conduct, including a Certificate of Relief from Disabilities issued, which creates a presumption of rehabilitation in regard to the offense(s) specified in the certificate; and
- The legitimate interest of the licensing agency in protecting property and the safety and welfare of specific individuals or the general public.
If you would like to download posters and packets for applicants to display at your location, please click here.
Occupations that a CRD Can Help You Get a License for in Illinois
Recent Certificates Legislative Expansion Fact Sheet
Certificates of Relief from Disabilities Implementation and Tracking Report
Executive Summary
Full Report
A Review of the State of Illinois Professional and Occupational Licensure Policies as Related to Employment for Ex-Offenders
Timeline of Implementation of Certificates of Relief from Disabilities
To read the affected chapter of the Illinois Compiled Statutes, click here.
To read the New York State Certificates legislation, click here.
Certificates of Rehabilitation and Other Forms of Relief from the Collateral Consequences of Conviction: A Survey of State Laws by Margaret Love and April Frazier
Useful links:
PRB http://www.state.il.us/prb/
Office of the Clerk of the Circuit Court of Cook County http://198.173.15.34/
Cook County Adult Probation Department http://www.cookcountycourt.org/services/programs/adult-probation/profile.html
Illinois Department of Financial and Professional Regulation http://www.idfpr.com/dpr/default.asp
Illinois Department of Agriculture http://www.agr.state.il.us/
Office of the State Fire Marshall http://www.state.il.us/osfm/
Illinois Department of Labor http://www.state.il.us/Agency/IDOL/
Illinois Department of Public Health http://www.idph.state.il.us/rulesregs/rules-indexbytopic.htm
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