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 ex-offenders 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 “stand-alone 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 InstallationContractorwww.idph.state.il.us/rulesregs/rules-indexbytopic.htm

)

The Private Employment Agency Act www.state.il.us/agency/idol/)

Animal Welfare www.agr.state.il.us/

Farm Labor Contractorwww.agr.state.il.us/

Boiler/Pressure Vessel Repairer (overseen by the State Fire Marshall)

Incentives for Employers

Federal Bonding ProgramPatricia Rusoff

Illinois Department of Employment Security

Prusoff@ides.state.il.us

Work Opportunity Tax Credit

Barbara Herber

312-793-2620 ext. 231

bherber@ides.state.il.us

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!