The Illinois Human Rights Act prohibits employment discrimination based on conviction record unless the record is substantially related to the employment at issue (the employment presents an opportunity to reoffend) or it presents a public safety risk; various factors must be considered and procedural protections apply. In addition, employers and landlords prohibited from inquiring about or discriminating based on non-conviction records, juvenile records, or expunged or sealed records. In addition, public and private employers with more than 15 employees are prohibited from asking about criminal history until an initial interview or conditional offer is made, but this law provides no standards for considering a record. A court may issue a “Certificate of Good Conduct,” to relieve a person of mandatory employment bars.
Comprehensive standards apply to occupational licensing for most non-healthcare professions. Before denying a license based on conviction, agencies must consider certain mitigating factors and evidence of rehabilitation, and written reasons must be provided for denials. Licensing agencies may not consider juvenile adjudications, sealed or expunged records, uncharged arrests, dismissed charges unless related to the profession, and overturned convictions. Offenses that serve as a bar to licensure must be listed online. The sentencing court may issue a Certificate of Relief from Disabilities, which creates an enforceable “presumption of rehabilitation” for the purposes of licensing. A Certificate of Good Conduct is also available to avoid mandatory licensing bars.
