Criminal Records Workshop

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

2. Welcome

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

4. Employment Barriers

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

6. 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

7. Lack of Community Capacity • Returning to Chicago’s West and South sides • 5 major zip codes: 60624, 60644, 60651, 60612, 60623 • Lack of employment and training providers in the City. • All organization needs to be able to serve this population.

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

9. Working with Employers

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

11. 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.

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

13. 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.

14. 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.

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

16. 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.

17. Obtaining and Understanding Criminal Records

18. Criminal Records • Date • Disposition • Arrest • Final Order

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

20. 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 60431 (815) 740-5160 $20 (finger printed), $16 name only

21. 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.

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

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

24. 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

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

26. 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

27. Pardon- Executive Clemency • Most felonies • Governor • Prisoner Review Board

28. 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

29. Sealing-Felonies • PA 93-1084, 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

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

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

32. 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

33. Other provisions • Court duty to advise • State Police funding • 710/1410 • Adult records

34. Expungement • All or nothing • Misdemeanors • Destruction of record

35. 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

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

37. Rap Sheet Exercise