What Does This Mean Background Checks and Understanding Criminal Records

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What Does This Mean?Background Checks and
Understanding Criminal Records

• Criminal Records Collaborative
• August 24, 2005
• Robert Morris College

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Welcome and Introduction

• Agenda
• Packet Material
• Evaluation
• Restrooms
• Cell Phones
• Questions???

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Criminal Records Collaborative

• 5 organizations
• Cabrini Green Legal Aid Clinic
• First Defense Legal Aid
• Chicago Jobs Council
• Safer Foundation
• Sargent Shriver National Center on Poverty Law

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Goals

• Remove legislative barriers to employment for
  ex-offenders in Illinois
• Increase effective opportunities for ex-offenders
  to access transitional jobs and other placement
  programs designed to address their needs
• Build the capacity of two counties to better
  address the employment needs of individuals with
  a criminal record
• Increase access to and capacity for delivering
  legal services to individuals with a criminal
  record

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• We know from experience that if (former
  prisoners) cant find work, or a home, or help,
  they are much more likely to commit more crimes
  and return to prisonAmerica is the land of the
  second chance, and when the gates of the prison
  open, the path ahead should lead to a better
  life
• President George W. Bush
• 2004 State of the Union Address

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Criminal Records Legislations

• PL 93-211 (sealing and expungement)
• PL 93-210 (automatic expungement)
• PL 93-207 (Certificates of Relief )
• PL 93-208 (Transitional jobs)
• Public Act 93-1084 (June 1, 2005)

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Problem

• Barriers To Employment
• Legal Action Center report After Prison Rock
  blocks to Re-entry
• Employment
• Public Assistance and Food Stamps
• Voting
• Public Housing
• Adoptive and Foster Parenting
• Drivers Licenses

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• Occupational and Licensure Bars
• Division of Professional regulations
• Internal 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
• Healthcare Waiver by the Illinois Department of
  Public Health

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Working with Employers
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Background Checks

• Increase use in background check services
• Does not tell the whole story
• A criminal record is associated with a 50
  decrease in employment opportunities for whites,
  and a 64 decrease for blacks
• Internet Services
• Reliability / incorrect information

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Fair Credit Reporting Act

• Employers may use consumer report information
  when considering employment applications as long
  as they comply with the federal Fair Credit
  Reporting Act
• A Consumer Reporting Agency (CRA) is any person
  who for monetary compensation, regularly engages
  in the practice of investigating and evaluating
  information to provide reports to employers for
  the purpose of evaluating an individual for
  employment, promotion, assignment or retention as
  an employee

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• Specific individual rights
• Employers who use information from a CRA to deny
  employment must inform the job applicant and
  provide the name, address and phone number of the
  CRA that provided the consumer report
• If a file contains inaccurate information, the
  CRA must investigate the item in question and
  provide a written report of the investigation to
  the owner of the file and a copy of an amended
  report if the investigation results in a change

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• Consumer reports may not contain adverse
  information (including an arrest not leading to a
  conviction) more than seven years old except for
  the following reasons
• Bankruptcies may be reported for 10 years
• Convictions may be reported without any time
  limitations

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Federal Legislation

• Strong opposition to using commercially available
  databases
• Require a person or organization requesting
  information secure a specific written
  authorizations for release of criminal background
  check information form the person with the
  criminal record
• Require that the records be shares with the
  individuals under all circumstances, regardless
  if the person if denied employment
• Require a process for appeal
• Restrict employers charging for background checks

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Criminal History Records

• Only available through the state police
• A written consent must be obtained by a CRA
  before it gives out any information to an
  employer or prospective employer. Notification
  language that appears on an application for
  employment is NOT acceptable. Written
  authorization from the individual to whom the
  report relates, in the form of a stand-alone
  document must be used for a consumer report to
  be obtained for employment purposes

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Big Questions for Employers/ HR

• Do I have to show a job applicant their
  background check?
• Applicants are legally entitled to review their
  background check because many background checks
  are inaccurate.
• What do I really need to know about a job
  applicant's background?
• What type of crime was committed?
• How long was the conviction?
• What will your organization provide in the way of
  support if the employer hires this individual?
• Does the client deal well with conflict?

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• Are there instances when I can deny employment
  based on someone's criminal record?

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Negligent Hiring

• One of the key factors in determining negligent
  hiring is whether an employer could have foreseen
  the criminal activity. This is why employers
  conduct background checks and have concerns about
  job seekers who have committed violent offenses.
  Employers are encouraged to give full
  consideration to certain factors when determining
  whether to hire a person with a criminal record
• The nature and gravity of the crimes.
• The time that has passed since the conviction or
  completion of sentence.
• The nature of the job being sought.

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Things to Consider

• The states public policy of encouraging the
  employment of individuals with a criminal record
• The duties and responsibilities related to the
  job sought.
• Applicants fitness or ability to perform these
  duties and responsibilities associated with the
  job sought
• Applicants age at the time of the criminal
  offense
• The seriousness of the offense
• Any information produced by the applicant, or on
  the applicants behalf regarding his or her
  rehabilitation and good conduct
• The interest in protecting property, and the
  safety and welfare of specific individual or the
  general public

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Certificates of Rehabilitation

• Grant the holder a presumption of
  rehabilitation as to any convictions listed in
  the certificate
• Serve as a letter of recommendation
• Remove bars for licenses, but do not guarantee
  a license
• Employers do not have to honor certificates.
• Can be used with 18 occupational Acts listed by
  the Illinois Department of Financial and
  Professional Regulations

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Certificate of Relief from Disability

• A person with a misdemeanor must demonstrate one
  year of good conduct
• One felony conviction
• Non- violent misdemeanors
• No time in federal or state department of
  corrections (includes supervision by the state)
• Application is made to the Circuit Court

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Certificate of Good Conduct

• A person must demonstrate three years of good
  conduct
• More than one felony conviction (non-violent)
• Incarcerated in a Illinois correction facility
• Application is made to the Illinois Prisoner
  Review Board
• License can be revoked

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Occupational Acts

• Barber/Cosmetology/Esthetics/Nail Technology
• Electrologist
• Landscape Architecture
• Interior Design
• Athletic Training
• Professional Boxing
• Shorthand Reporters
• Land Surveyor
• Marriage and Family Therapy
• Roofing Industry
• Professional Counselor and Clinical Professional
  Counselor
• Real Estate
• Engineering

• Water Well and Pump Installation
• Contractor
• www.idph.state.il.us/rulesregs/rules-indexbytopic.
  htm)
• The Private Employment Agency Act
• www.state.il.us/agency/idol/)
• Animal Welfare
• www.agr.state.il.us/
• Farm Labor Contractor
• www.agr.state.il.us/
• Boiler/Pressure Vessel Repairer (overseen by the
  State Fire Marshall)

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Incentives for Employers

• Federal Bonding Program
• Patricia Rusoff
• Illinois Department of Employment Security
• Prusoff_at_ides.state.il.us
• Work Opportunity Tax Credit
• Barbara Herber
• 312-793-2620 ext. 231
• bherber_at_ides.state.il.us

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Obtaining and Understanding Criminal Records
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Obtaining Records- Police

• Local- Chicago Police Department
• 3510 S. Michigan Ave.
• 8am-12pm (fingerprinting)
• 200pm-330pm (pick up records)
• 16 fee
• State-Illinois State Police
• Division of Administration, and Bureau of
  Identification
• [phone]
• 20 (finger printed), 16 name only

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Obtaining Records- Court

• Court- Public Computers
• (830am-430pm)
• Room 1006
• Daley Center
• 50 W. Washington

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Cabrini Green Legal Aid Help Desk

• Started in August 2005
• Daley Center, Room 1006
• Mondays- Wednesdays
• 9am-12pm
• 9 appointments per day
• Client MUST have a copy of their Chicago criminal
  record (rap sheet)
• No cost for legal services

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Clearing Records

• Expungement
• Sealing
• Executive Clemency
• New law effective June 1, 2005 (PA 93-1084)
• Remedy available is dependant on several factors

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Expungement

• Complete destruction of criminal record
• Generally only available for non-convictions
• Arrests
• Supervision
• 710/1410 probation

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Sealing

• Some entities still have access to records
• Generally available for expugnable offenses
• Some misdemeanor convictions
• Few felony convictions

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Executive Clemency

• Pardon
• Most felonies
• Governor
• Prisoner Review Board

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Access to Sealed Records

• Courts
• Law enforcement agencies
• Prosecutors
• State and federal entities that are required by
  law to inquire

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Retaining 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

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Other Provisions

• Court duty to advise
• State Police funding
• Juvenile records

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Court Filing

• Sealing and Expungement
• Filing fee waiver
• Bond forfeitures
• Cook County forms
• 6 districts
• Other Circuits in the State

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Reading Records

• ACCURACY
• Fingerprints- IR numbers
• State Police inquiry
• UCIA
• UCIAF

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Rap Sheet Exercises
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Evaluations
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• Thank you!