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Certificates of Good Conduct

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Title: Certificates of Good Conduct


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
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
Safers 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 individuals 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 CGLAs 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
    Clerks Office at 26th California, with no less
    than 5 days notice. The States Attorneys
    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 clients 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 States Attorneys 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 Clerks Office.
    Can order by calling 773-674-3152 and file
    arrives 3 day slater.
  • Other criminal cases must be obtained from
    appropriate Clerks 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 945 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 States 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 Clerks 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 clients 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
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