Criminal Records Workshop Cabrini Green Legal Aid Clinic Chicago Jobs Council March 31, 2005 John Marshall Law School

Welcome

Agenda Employment Barriers Working with Employers Obtaining and Understanding Criminal Records Clearing Records Rap Sheets Exercise

Employment Barriers

Background Checks Increase in background checks by employers Allows employers to discriminate in their hiring practices

Occupational Barriers Division of Professional Regulations 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

Lack of Community Capacity Returning to Chicago’s West and South sides 5 major zip codes: 60624, 60644, 60651, 60612, Lack of employment and training providers in the City. All organization needs to be able to serve this population.

Discrimination and Bias Racial and ethnic discrimination Stigma and bias Employers Trust Creditibility Liability and safety Community-based providers

Working with Employers

Myth # 1 Employers do not hire people with a criminal record.

Myth # 2 A person with a record cannot be trusted as a good employee. They do not have a good work ethic and they have to be closely supervised.

Myth # 3 If they have committed one crime, they will commit another.

Myth # 4 If I hire someone with a criminal record, I will be liable if they hurt another employee or a customer. I will be sued.

Things to Remember Be realistic with yourself, with the employer and the job seeker. Talk with employers about the support services you and your organization can provide. Make sure that a job seeker can explain his/her criminal record. Some employers want to be known as a fair employer- not an employer who hires employees with a criminal record.

General Questions Can an employer ask about : Arrest? Convictions? Expunged or sealed criminal records?

Job Applications Applications are legal documents – must be filled out completely and accurately. Questions concerning criminal history should only be answered when asked and read carefully. Leaving questions blank might be construed as being dishonest.

Obtaining and Understanding Criminal Records

Criminal Records Date Disposition Arrest Final Order

Reading Records ACCURACY Fingerprints- IR number State Police inquiry UCIA UCIAF

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 260 North Chicago Street Joliet, Illinois (815) $20 (finger printed), $16 name only

Obtaining Records- Court Court- Public Computers (8:30am-4:30pm) Room 1006 Daley Center 50 W. Washington Room 526 Criminal Courts Building 2650 S. California Ave.

Criminal Law Misdemeanor Sentence of less than 1 year Jail- CCDOC Probation

Criminal Law Felony Sentence of 1 year or more Prison – IDOC Parole

Criminal Law Arrest (Non-conviction)- Expunge Non-conviction SOL- Stricken off with leave to reinstate Nolle Pros-charges dropped by the state FNPC- no probable cause found Supervision 710/ 1410 probation Not guilty

Criminal Law Conviction-Seal Finding of guilt Plea Verdict Time served (TCS) Sentence of probation Conditional discharge

Clearing Records “The governor may grant reprieves, commutations, and pardons, after conviction, for all offenses on such terms as he thinks proper. The manner of applying therefore may be regulated by law.” Illinois Constitution, Article V, Section 12

Pardon- Executive Clemency Most felonies Governor Prisoner Review Board

Sealing-Misdemeanors Exceptions Sex crimes (except prostitution) Violation of an Order of Protection Criminal sexual abuse Dog fighting Violation of Humane Care for Animals Act Violent crimes as defined in the Crimes Victim’s Compensation Act Crimes that require Sex Offender Registration

Sealing-Felonies PA , effective June 1, 2005 Misdemeanors and Class 4 felonies Prostitution Possession of cannabis Possession of controlled substances One time only for felonies Proof of clean drug test required for drug convictions

Sealing- Waiting Period 4 years following the completion of the sentence 3 years after supervision is completed When acquitted When a conviction is reversed

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

Retention 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 710/1410 Adult records

Expungement All or nothing Misdemeanors Destruction of record

Expungement-Waiting Period Acquitted (not guilty)- Immediate Nolle Pros- Immediate SOL- 120 days or 160 days Supervision 2 years or 5 years after satisfactory termination

Court Filing Sealing or Expungement Filing fee waiver Bond forfeitures Cook County forms 6 Districts Other Circuits

Rap Sheet Exercise