Transcript Understanding the New Illinois Law for Certificates of

Certificates of Rehabilitation
730 ILCS 5/5-5.5-5
Michael Sweig, JD Founder *
© 2011. All Rights Reserved.
Institute for People with Criminal Records and
MichaelSweig
www.PeoplewithCriminalRecords.com
* Mr. Sweig is a disbarred attorney and felon who lobbied for this new Illinois law to
help others in the same or similar position. Governor Quinn called this new law “noble.”
INTRODUCTION
We are all better than our worst acts. You have paid your dues.
To rebuild your life as a person with a criminal record, you must do your best
(a) To fight the stigma of a criminal record and restore your reputation, and
(b) Find and maintain meaningful employment.
Otherwise you’ll likely commit more crimes
INTRODUCTION
In Illinois, a Certificate of Rehabilitation is a powerful rebuilding tool.
Under the new law,
it is a legal court order that demonstrates for employers
once and for all that you are
trustworthy and not a risk to public safety.
DISCLAIMER The information provided here is not intended to give legal advice; it is intended and believed to be accurate but is
not guaranteed to be at all times totally up-to-date and complete. All persons should consult a licensed attorney to get specific advice
for their situation. Nothing contained herein should be considered legal advice.
Neither Michael Sweig, The Institute for People with Criminal Records, or People with Criminal Records United are responsible
for any loss, injury, claim, liability, or damage related to your use of such information.
INTRODUCTION
The new Illinois law gives most people with a criminal record
a way to prove they are rehabilitated for employment purposes,
and thereby provides a mechanism for restoring one’s reputation.
This presentation explains how you may qualify for and may pursue your
Certificate of Rehabilitation.
The New Certificates of Rehabilitation Law
Effective Jan. 1, 2010
There
are two (2) kinds of Certificates of Rehabilitation.
1. Certificates of Relief from Disabilities
No waiting period for Occupational Licensing.
There are 27 occupations governed by the Department of Professional Regulation
which a Certificate of Relief from Disabilities can help you obtain.
2. Certificates of Good Conduct.
(Non-licensing forms of employment)
1 yr. waiting period for a misdemeanor and a 3 yr. waiting period for felony.
Both
certificates require proof of rehabilitation, but not “full rehabilitation.”
Who Should Seek Certificates of Rehabilitation?
Anyone presently eligible should seek a Certificate of Rehabilitation.
Anyone who can become eligible through rehabilitation efforts
should seek relief,
especially a Certificate of Good Conduct.
Certificates of Rehabilitation can restore
REPUTATION, and DIGNITY,
and can RELIEVE STIGMA.
A Certificate isn’t just a tool for obtaining meaningful employment.
It’s for you. For your life.
What Offenses are Eligible?
Even some violent and non-probationable felonies may be eligible for relief.
Are you eligible?
Answer these questions with an attorney.
Here is the first question:
Do you have less than 3 felony convictions?
3 or more felony convictions disqualifies you.
Even with Less than 3 Felonies,
Some Felonies are NOT Eligible
Apart from the 3-Felony Exclusion,
there a few remaining eligibility obstacles; any one of which
will exclude you.
Do you have any of the following
convictions?
- aggravated DUI or aggravated drug offense
- aggravated domestic battery
- an offense that requires post-release registration
(sex offenses, offenses against children, rape, arson, etc).
- any felony that resulted in a victim’s
“great bodily harm or permanent disability.”
Circuit Court Jurisdiction
The Circuit Court that sentenced you, and
not the Prisoner Review Board,
will hear your petition for a Certificate of Rehabilitation.
Simply file your petition for a Certificate of Rehabilitation with
the Clerk of the Circuit Court in the same COUNTY
where you were convicted.
It’s free. Unlike a conventional lawsuit, there is no filing fee
when you file your petition with the Clerk of the Circuit Court.
What You Must Prove
There are 3 basic areas of proof
.
1. Eligibility. (determined as discussed in prior slides; you should use a
licensed attorney to make this determination; it’s not always so simple)
2. That you are rehabilitated (trustworthy)
3. That you are not a risk to public safety.
(This last element is really part of No. 2, because
you can’t be rehabilitated if you are still dangerous.)
Proof of Rehabilitation
There is no single “correct” way of proving rehabilitation. The key
inquiry is what you’ve done since your sentence terminated to
demonstrate you are trustworthy and not a public safety risk.
Letters of Recommendation from people who can credibly speak from
personal experience, this includes family members who can show that your
family life is reasonably stable.
Letters from counselors, psychologists, or therapists who can attest that
you have successfully completed programs like anger management,
a 12-Step program for substance abuse or other counseling.
Letters from Clergy attesting to involvement in your faith.
Evidence that you are continuing your education
What do you get if the
Court says you are
Rehabilitated?
YOU GET A JUDGMENT THAT SAYS
AS A MATTER OF LAW YOU ARE
REHABILITATED.
The Circuit Court has the power and discretion to relieve ANY
employment obstacle that otherwise prohibits a felon from getting an
occupational license or job requiring “good moral character.” Relief from
employment obstacles is up to the Court alone. Your attorney can explain more.
Everything depends on your offense(s) and your specific facts.
With a Certificate, you don’t have to prove yourself anymore. Your
Certificate of Rehabilitation proves your rehabilitation for you.
Must you still disclose your
conviction on a job application?
Yes, but…..
With a Certificate of Rehabilitation
you can now say you have been
found by the Court to be ……
REHABILITATED AS A MATTER OF LAW
- Certificate of Relief from Disabilities - - for occupational licensing
(No waiting periods.)
- Certificate of Good Conduct - for all employment.
after your sentence terminates 1 yr waiting period for misdemeanors; 3 years for a felony
RESTORE YOUR REPUTATION
Next steps:
1. You don’t need a lawyer but,
2. It’s better if you do have one…..
Where do I find a lawyer I can afford?
For referral: [email protected]*
You will be asked to supply your rap sheet. Without
your rap sheet no one can accurately determine if you are
eligible.
*There is no charge for a referral, nor any referral fee paid or any assessment about your case.
Only an attorney should determine your eligibility based on your rap sheet.
How to obtain your conviction records
Contact the public agencies with whom you interacted during and after arrest, such as:
1. The arresting agency.
2. The Clerk of the Court where you were prosecuted, if applicable.
3. Illinois State Police (“ISP”), Bureau of Identification,
260 North Chicago Street, Joliet, IL 60432,
815/740-5160.
4. FBI, U. S. Department of Justice, 1000 Custer Hollow Road,
Clarksburg, WV 26306, 304/625-3878.
IN COOK COUNTY:
FBI requests must be written and state specifically that you are entitled to a copy of your
arrest records under the Freedom of Information Act, 5 U.S.C. §551, et seq.
You must include your name, address, date and place of birth, and fingerprints.
Additional information is available at http://foia.fbi.gov/.
To obtain a copy of your Chicago Police Department "rap sheet," go to the City of Chicago
4770 S. Kedzie. Hours: 8:30 a.m. - 3:30 p.m., Monday through Friday. Pay $16. Have your prints taken,
A few days later go back to pick up the rap sheet.
BEST PRACTICE FOR COMPLETENESS:
Contact as many agencies as possible to ensure the record is complete and accurate. The more times you
have been arrested, the more work required to compile a complete record. A thorough background check is
time-consuming but crucial. It allows cross-checking the public record for accuracy and reveals arrests that you
may have forgotten.