HB0765 96TH GENERAL ASSEMBLY

LRB096 08589 RLC 18712 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB0765

Introduced 2/9/2009, by Rep. Constance A. Howard

SYNOPSIS AS INTRODUCED:

20 ILCS 2630/12

Amends the Criminal Identification Act. Provides that the record of an arrest or criminal charge which did not result in a conviction may not be considered by any private or public entity in employment matters, certification, licensing, revocation of certification or licensure, or registration. Provides that employers may not ask if an applicant has been the subject of an arrest or criminal charge which did not result in a conviction. Provides that an employer who by means of an inquiry made to the applicant or an employment application form, which fails to comply with these provisions, obtains from an applicant information that the applicant has had records expunged or sealed or has been the subject of an arrest or criminal charge which did not result in a conviction, is presumed to have based the decision to hire or not hire the applicant on the applicant's disclosure of this information. Provides that the presumption may be rebutted by clear and convincing evidence.

A BILL FOR

AN ACT concerning expunged and sealed records.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Criminal Identification Act is amended by changing Section 12 as follows:

20 ILCS 2630/12)

Sec. 12. Entry of order; effect of expungement or sealing records and effect of an arrest or charge that did not result in a conviction.

(a) Except with respect to law enforcement agencies, the Department of Corrections, State's Attorneys, or other prosecutors, and as provided in Section 13 of this Act, an expunged or sealed record or the record of an arrest or criminal charge which did not result in a conviction may not be considered by any private or public entity in employment matters, certification, licensing, revocation of certification or licensure, or registration. Applications for employment must contain specific language which states that the applicant is not obligated to disclose sealed or expunged records of conviction or arrest. Employers may not ask if an applicant has had records expunged or sealed or has been the subject of an arrest or criminal charge which did not result in a conviction.

(a-5) An employer who by means of an inquiry made to the applicant or an employment application form, which fails to comply with the provisions of this Section, obtains from an applicant information that the applicant has had records expunged or sealed or has been the subject of an arrest or criminal charge which did not result in a conviction, is presumed to have based the decision to hire or not hire the applicant on the applicant's disclosure of this information. The presumption may be rebutted by clear and convincing evidence.

(b) A person whose records have been sealed or expunged is not entitled to remission of any fines, costs, or other money paid as a consequence of the sealing or expungement. These This amendatory Acts Act of the 93rd and 96th General Assemblies do Assembly does not affect the right of the victim of a crime to prosecute or defend a civil action for damages. Persons engaged in civil litigation involving criminal records that have been sealed may petition the court to open the records for the limited purpose of using them in the course of litigation.

(Source: P.A. 93-211, eff. 1-1-04; 93-1084, eff. 6-1-05.)