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What Does This Mean? Background Checks and Understanding Criminal Records Criminal Records Collaborative August 24, 2005 Robert Morris College Welcome and Introduction Agenda Packet Material Evaluation Restrooms Cell Phones Questions??? 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 Goals Remove legislative barriers to employment for exoffenders 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 “We know from experience that if (former prisoners) can’t find work, or a home, or help, they are much more likely to commit more crimes and return to prison…America 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 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) 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 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 Working with Employers 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 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 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 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 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 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 “standalone document” must be used for a consumer report to be obtained for employment purposes 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? Are there instances when I can deny employment based on someone's criminal record? 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. Things to Consider The state’s public policy of encouraging the employment of individuals with a criminal record The duties and responsibilities related to the job sought. Applicant’s fitness or ability to perform these duties and responsibilities associated with the job sought Applicant’s age at the time of the criminal offense The seriousness of the offense Any information produced by the applicant, or on the applicant’s 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 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 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 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 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/rulesindexbytopic.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) Incentives for Employers Federal Bonding Program Patricia Rusoff Illinois Department of Employment Security [email protected] Work Opportunity Tax Credit Barbara Herber 312-793-2620 ext. 231 [email protected] Obtaining and Understanding Criminal Records Obtaining Records- Police Local- Chicago Police Department – – – – 3510 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 (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 – – 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 Clearing Records Expungement Sealing Executive Clemency New law effective June 1, 2005 (PA 93-1084) Remedy available is dependant on several factors Expungement Complete destruction of criminal record Generally only available for “non-convictions” – – – Arrests Supervision 710/1410 probation Sealing Some entities still have access to records Generally available for expugnable offenses Some misdemeanor convictions Few felony convictions Executive Clemency Pardon Most felonies Governor Prisoner Review Board Access to Sealed Records Courts Law enforcement agencies Prosecutors State and federal entities that are required by law to inquire 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 Other Provisions Court duty to advise State Police funding Juvenile records Court Filing Sealing and Expungement – – – Filing fee waiver Bond forfeitures Cook County forms – 6 districts Other Circuits in the State Reading Records ACCURACY – – Fingerprints- IR numbers State Police inquiry UCIA UCIAF Rap Sheet Exercises Evaluations Thank you!