Bill Text: IL HB0765 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2009-04-03 - Rule 19(a) / Re-referred to Rules Committee [HB0765 Detail]

Download: Illinois-2009-HB0765-Introduced.html

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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.
LRB096 08589 RLC 18712 b
A BILL FOR
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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

HB0765 - 2 - LRB096 08589 RLC 18712 b
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.)