(730 ILCS 5/5-5-5)
(from Ch. 38, par. 1005-5-5)
Loss and restoration of rights.
(a) Conviction and disposition shall not entail the loss by the
defendant of any civil rights, except under this Section and Sections 29-6
and 29-10 of The Election Code, as now or hereafter amended.
(b) A person convicted of a felony shall be ineligible to hold an office
created by the Constitution of this State until the completion of his sentence.
(c) A person sentenced to imprisonment shall lose his right to vote
until released from imprisonment.
(d) On completion of sentence of imprisonment or upon discharge from
probation, conditional discharge or periodic imprisonment, or at any time
thereafter, all license rights and privileges
granted under the authority of this State which have been revoked or
suspended because of conviction of an offense shall be restored unless the
authority having jurisdiction of such license rights finds after
investigation and hearing that restoration is not in the public interest.
This paragraph (d) shall not apply to the suspension or revocation of a
license to operate a motor vehicle under the Illinois Vehicle Code.
(e) Upon a person's discharge from incarceration or parole, or upon a
person's discharge from probation or at any time thereafter, the committing
court may enter an order certifying that the sentence has been
satisfactorily completed when the court believes it would assist in the
rehabilitation of the person and be consistent with the public welfare.
Such order may be entered upon the motion of the defendant or the State or
upon the court's own motion.
(f) Upon entry of the order, the court shall issue to the person in
whose favor the order has been entered a certificate stating that his
behavior after conviction has warranted the issuance of the order.
(g) This Section shall not affect the right of a defendant to
collaterally attack his conviction or to rely on it in bar of subsequent
proceedings for the same offense.
(h) No application for any license specified in subsection (i) of this
Section granted under the
authority of this State shall be denied by reason of an eligible offender who
has obtained a certificate of relief from disabilities, as
defined in Article 5.5 of this Chapter, having been previously convicted of one
criminal offenses, or by reason of a finding of lack of "good moral
character" when the finding is based upon the fact that the applicant has
previously been convicted of one or more criminal offenses, unless:
(1) there is a direct relationship between one or
more of the previous criminal offenses and the specific license sought; or
(2) the issuance of the license would involve an
unreasonable risk to property or to the safety or welfare of specific individuals or the general public.
In making such a determination, the licensing agency shall consider the
(1) the public policy of this State, as expressed in
Article 5.5 of this Chapter, to encourage the licensure and employment of persons previously convicted of one or more criminal offenses;
(2) the specific duties and responsibilities
necessarily related to the license being sought;
(3) the bearing, if any, the criminal offenses or
offenses for which the person was previously convicted will have on his or her fitness or ability to perform one or more such duties and responsibilities;
(4) the time which has elapsed since the occurrence
of the criminal offense or offenses;
(5) the age of the person at the time of occurrence
of the criminal offense or offenses;
(6) the seriousness of the offense or offenses;
(7) any information produced by the person or
produced on his or her behalf in regard to his or her rehabilitation and good conduct, including a certificate of relief from disabilities issued to the applicant, which certificate shall create a presumption of rehabilitation in regard to the offense or offenses specified in the certificate; and
(8) the legitimate interest of the licensing agency
in protecting property, and the safety and welfare of specific individuals or the general public.
(i) A certificate of relief from disabilities shall be issued only
license or certification issued under the following Acts:
(1) the Animal Welfare Act; except that a certificate
of relief from disabilities may not be granted to provide for the issuance or restoration of a license under the Animal Welfare Act for any person convicted of violating Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of the Humane Care for Animals Act or Section 26-5 or 48-1 of the Criminal Code of 1961 or the Criminal Code of 2012;
(2) the Illinois Athletic Trainers Practice Act;
(3) the Barber, Cosmetology, Esthetics, Hair
Braiding, and Nail Technology Act of 1985;
(4) the Boiler and Pressure Vessel Repairer
(5) the Boxing and Full-contact Martial Arts Act;
(6) the Illinois Certified Shorthand Reporters Act of
(7) the Illinois Farm Labor Contractor Certification
(8) the Registered Interior Designers Act;
(9) the Illinois Professional Land Surveyor Act of
(10) the Illinois Landscape Architecture Act of 1989;
(11) the Marriage and Family Therapy Licensing Act;
(12) the Private Employment Agency Act;
(13) the Professional Counselor and Clinical
Professional Counselor Licensing and Practice Act;
(14) the Real Estate License Act of 2000;
(15) the Illinois Roofing Industry Licensing Act;
(16) the Professional Engineering Practice Act of
(17) the Water Well and Pump Installation
Contractor's License Act;
(18) the Electrologist Licensing Act;
(19) the Auction License Act;
(20) the Illinois Architecture Practice Act of 1989;
(21) the Dietitian Nutritionist Practice Act;
(22) the Environmental Health Practitioner Licensing
(23) the Funeral Directors and Embalmers Licensing
(25) the Professional Geologist Licensing Act;
(26) the Illinois Public Accounting Act; and
(27) the Structural Engineering Practice Act of 1989.
(Source: P.A. 100-534, eff. 9-22-17; 100-920, eff. 8-17-18.)