Criminal Records Workshop

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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

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Employment Barriers
5
Background Checks

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

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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

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Lack of Community Capacity

• Returning to Chicagos 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.

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Discrimination and Bias

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

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Working with Employers
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Myth 1

• Employers do not hire people with a criminal
  record.

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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.

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Myth 3

• If they have committed one crime, they will
  commit another.

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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.

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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.

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General Questions

• Can an employer ask about
• Arrest?
• Convictions?
• Expunged or sealed criminal records?

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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.

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Obtaining and Understanding Criminal Records
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Criminal Records

• Date
• Disposition
• Arrest
• Final Order

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Reading Records

• ACCURACY
• Fingerprints- IR number
• State Police inquiry
• UCIA
• UCIAF

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Obtaining Records - Police

• Local- Chicago Police Department
• 3510 S. Michigan Ave.
• 8am-12pm (fingerprinting) 200pm-330pm (pick
  up records)
• 16 fee
• State-Illinois State Police
• Division of Administration, and Bureau of
  Identification
• 260 North Chicago Street
• Joliet, Illinois 60431
• [phone]
• 20 (finger printed), 16 name only

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Obtaining Records- Court

• Court- Public Computers (830am-430pm)
• Room 1006
• Daley Center
• 50 W. Washington
• Room 526
• Criminal Courts Building
• 2650 S. California Ave.

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Criminal Law

• Misdemeanor
• Sentence of less than 1 year
• Jail- CCDOC
• Probation

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Criminal Law

• Felony
• Sentence of 1 year or more
• Prison IDOC
• Parole

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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

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Criminal Law

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

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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

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Pardon- Executive Clemency

• Most felonies
• Governor
• Prisoner Review Board

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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 Victims
  Compensation Act
• Crimes that require Sex Offender Registration

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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

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Sealing- Waiting Period

• 4 years following the completion of the sentence
• 3 years after supervision is completed
• When acquitted
• When a conviction is reversed

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Access to Sealed Records

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

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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

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Other provisions

• Court duty to advise
• State Police funding
• 710/1410
• Adult records

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Expungement

• All or nothing
• Misdemeanors
• Destruction of record

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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
  

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Court Filing

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

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Rap Sheet Exercise