Bill Text: IL HB4762 | 2025-2026 | 104th General Assembly | Enrolled

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Bill Title: Amends the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. Makes changes in provisions concerning definitions; oaths, subpoenas, and penalties; applicants with criminal convictions; qualification for licensure or registration; health care worker licensure actions; automatic suspension of a health care worker's license; the publication of disciplinary actions; and records of Department actions. Amends the Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act of 1985. In provisions concerning required licensure, provides that an application shall not be automatically placed on hold, delayed, denied, or otherwise not processed by the Department of Financial and Professional Regulation because it was submitted by a person who is incarcerated. Amends the Health Care Professional Credentials Data Collection Act. In provisions concerning licensure records, provides that licensure records designated confidential and considered sealed (rather than expunged) for reporting purposes by the licensee are not reportable under the Act. Amends the Unified Code of Corrections. In provisions concerning loss and restoration of rights, provides that no application for specific licenses granted under the authority of the State shall be denied to (rather than denied by reason of) an eligible offender who has obtained a certificate of relief from disabilities, having been previously convicted of one or more criminal offenses (rather than or by reason of a finding of lack of "good moral character"), when the finding is solely based upon the fact that the applicant has previously been convicted of one or more criminal offenses, except for certain circumstances. Repeals provisions concerning the Department of Financial and Professional Regulation's annual report to the General Assembly. Makes other changes. Effective immediately.

Sponsorship: Strong Partisan Bill (Democrat 14-1)

Status: (Passed) 2026-07-10 - Public Act . . . . . . . . . 104-0558 [HB4762 Detail]

Download: Illinois-2025-HB4762-Enrolled.html

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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. This Act may be referred to as the
Comprehensive Licensing Information to Minimize Barriers Act.
Section 5. The Department of Professional Regulation Law
of the Civil Administrative Code of Illinois is amended by
changing Sections 2105-5, 2105-105, 2105-131, 2105-135,
2105-165, 2105-170, 2105-205, and 2105-207 as follows:
(20 ILCS 2105/2105-5) (was 20 ILCS 2105/60b)
Sec. 2105-5. Definitions. In this Law:
"Address of record" means the designated address recorded
by the Department in the applicant's application file or the
licensee's license file, as maintained by the Department's
licensure maintenance unit. An address of record must be a
street address, not a post office box or any other similar
location.
"Applicant" means an applicant for a license,
certification, registration, permit, or other authority issued
or conferred by the Department by virtue or authority of which
the licensee has or claims the right to engage in a profession,
trade, occupation, or operation of which the Department has

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jurisdiction.
"Department" means the Division of Professional Regulation
and the Division of Real Estate of the Department of Financial
and Professional Regulation. Any reference in this Article to
the "Department of Professional Regulation" shall be deemed to
mean the "Division of Professional Regulation and the Division
of Real Estate of the Department of Financial and Professional
Regulation".
"Director" means the Director of Professional Regulation
or the Director of Real Estate.
"Email address of record" means the designated email
address recorded by the Department in the applicant's
application file or the licensee's license file, as maintained
by the Department's licensure maintenance unit.
"Board" means the board of persons designated for a
profession, trade, or occupation under the provisions of any
Act now or hereafter in force whereby the jurisdiction of that
profession, trade, or occupation is devolved on the
Department.
"License" means a license, registration, certification,
permit, or other authority purporting to be issued or
conferred by the Department by virtue or authority of which
the licensee has or claims the right to engage in a profession,
trade, occupation, or operation of which the Department has
jurisdiction.
"Licensee" means a person who holds or claims to hold a

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license. An unlicensed person or entity that holds himself,
herself, or itself out as a licensee or engages in a licensed
activity shall be deemed to be a licensee for the purposes of
investigation or disciplinary action.
"Retiree" means a person who has been duly licensed,
registered, or certified in a profession regulated by the
Department and who chooses to relinquish or not renew his or
her license, registration, or certification.
(Source: P.A. 99-227, eff. 8-3-15; 100-262, eff. 8-22-17.)
(20 ILCS 2105/2105-105) (was 20 ILCS 2105/60d)
Sec. 2105-105. Oaths; subpoenas; penalty.
(a) Notwithstanding any provision of law to the contrary
in any licensing Act, the The Department, by its Director or a
person designated by him or her, is empowered, at any time
during the course of any investigation or hearing conducted
pursuant to any Act administered by the Department, to
administer oaths, subpoena witnesses, take evidence, and
compel the production of any books, papers, records, or any
other documents that the Director, or a person designated by
him or her, deems relevant or material to any such
investigation or hearing conducted by the Department, with the
same fees and mileage and in the same manner as prescribed by
law in judicial proceedings in civil cases in circuit courts
of this State. Witnesses in hearings conducted under this
Section are entitled to the same fees and mileage, and in the

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same manner, as prescribed by law in judicial proceedings in
civil cases of this State. Discovery or evidence depositions
shall not be taken, except by agreement of the Department and
registrant.
(b) Any person who, without lawful authority, fails to
appear in response to a subpoena or to answer any question or
produce any books, papers, records, or any other documents
relevant or material to the investigation or hearing is guilty
of a Class A misdemeanor. Each violation shall constitute a
separate and distinct offense.
In addition to initiating criminal proceedings, the
Department, through the Attorney General, may seek enforcement
of any such subpoena by any circuit court of this State.
(Source: P.A. 99-227, eff. 8-3-15.)
(20 ILCS 2105/2105-131)
Sec. 2105-131. Applicants with criminal convictions;
notice of denial.
(a) For the purposes of this Section, "mitigating factors"
means any information, evidence, conduct, or circumstances
before, during, or after the offense or offenses reviewed by
the Department that may reflect favorably on an applicant's
request for licensure, registration, or certification through
the Department, such as 3 years having passed since release
from confinement. Mitigating factors are not a bar to
licensure, instead they provide guidance for the Department

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when considering licensure, registration, or certification for
an applicant with criminal history.
Except as provided in Section 2105-165 of this Act
regarding licensing restrictions based on enumerated offenses
for health care workers as defined in the Health Care Worker
Self-Referral Act and except as provided in any licensing Act
administered by the Department in which convictions of certain
enumerated offenses are a bar to licensure, the Department,
upon a finding that an applicant for a license, certificate,
or registration was previously convicted of a felony or
misdemeanor that may be grounds for refusing to issue a
license or certificate or to grant a registration, shall
consider any mitigating factors and evidence of rehabilitation
contained in the applicant's record, including the
circumstances surrounding the offense or offenses and any of
the following, to determine whether a prior conviction will
impair the ability of the applicant to engage in the practice
for which a license, certificate, or registration is sought:
(1) the lack of direct relationship relation of the
offense for which the applicant was previously convicted
to the duties, functions, and responsibilities of the
position for which a license is sought, whether the
license sought offers the opportunity for the same offense
or a similar offense to occur, and whether the
circumstances leading to the conduct for which the person
was convicted may reoccur in the profession sought;

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(2) any mitigating factors, from the point of arrest
or indictment when determined to be appropriate, unless
otherwise specified and including, but not limited to,
evidence of rehabilitation, the circumstances surrounding
the offense, the number of prior convictions that appear
on the conviction record, the length of time since the
last conviction, and whether 5 years since a felony
conviction or 3 years since release from confinement for
the conviction, whichever is later, have passed without a
subsequent conviction;
(3) if the applicant was previously licensed or
employed in this State or other states or jurisdictions,
the lack of prior misconduct arising from or related to
the licensed position or position of employment;
(4) the age of the person at the time of the criminal
offense for which the applicant was previously convicted
and the facts and circumstances surrounding that offense
and subsequent conviction;
(4.5) the nature and severity of the prior conviction
and the relationship of the prior conviction to the safety
and security of others if, due to the applicant's criminal
conviction history, the applicant would be explicitly
prohibited by federal rules or regulations from working in
the position for which a license is sought;
(5) successful completion of sentence and, for
applicants serving a term of parole or probation, a

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progress report provided by the applicant's probation or
parole officer that documents the applicant's compliance
with conditions of supervision;
(6) evidence of the applicant's present fitness and
professional record, including the applicant's employment
history character;
(7) evidence of rehabilitation or rehabilitative
effort during or after incarceration, or during or after a
term of supervision, including, but not limited to, a
certificate of good conduct under Section 5-5.5-25 of the
Unified Code of Corrections or certificate of relief from
disabilities under Section 5-5.5-10 of the Unified Code of
Corrections; and
(8) any other mitigating factors that contribute to
the person's potential and current ability to perform the
job duties.
(b) If the Department refuses to issue a license or
certificate or grant registration to an applicant based upon a
conviction or convictions, in whole or in part, the Department
shall notify the applicant of the denial in writing with the
following included in the notice of denial:
(1) a statement about the decision to refuse to grant
a license, certificate, or registration, including an
explanation of how the conviction directly relates to and
would prevent the person from effectively engaging in the
position for which a license, registration, or certificate

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is sought;
(2) a list of convictions that the Department
determined will impair the applicant's ability to engage
in the position for which a license, registration, or
certificate is sought;
(3) a list of convictions that formed the sole or
partial basis for the refusal to issue a license or
certificate or grant registration; and
(4) a summary of the appeal process or the earliest
the applicant may reapply for a license, certificate, or
registration, whichever is applicable.
(c) The Department shall post on its website a list of all
State licensing restrictions that would prohibit an applicant
from working in a position for which a license is sought.
(Source: P.A. 101-388, eff. 1-1-20; 102-105, eff. 1-1-22.)
(20 ILCS 2105/2105-135)
Sec. 2105-135. Qualification for licensure or
registration; good moral character; applicant conviction
records.
(a) The practice of professions licensed or registered by
the Department is hereby declared to affect the public health,
safety, and welfare and to be subject to regulation and
control in the public interest. It is further declared to be a
matter of public interest and concern that persons who are
licensed or registered to engage in any of the professions

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licensed or registered by the Department perform the functions
of those professions in a manner that does not harm or threaten
harm to members of the public are of good moral character,
which shall be a continuing requirement of licensure or
registration so as to merit and receive the confidence and
trust of the public. Upon a finding by the Department that a
person has committed a violation of the disciplinary grounds
of any licensing Act administered by the Department with
regard to licenses, certificates, or authorities of persons
exercising the respective professions, trades, or occupations,
the Department, in addition to any remedy authorized under the
licensing Act, is authorized to revoke, suspend, refuse to
renew, place on probationary status, fine, or take any other
disciplinary or nondisciplinary action it deems warranted
against any licensee or registrant whose conduct harms or
threatens harm to members of the public, as long as the
Department has considered the factors set forth in subsection
(a) of Section 2105-131 of this Act violates the continuing
requirement of good moral character.
(b) No application for licensure or registration shall be
denied by reason of a finding of lack of good moral character
when the finding is based solely upon the fact that the
applicant has previously been convicted of one or more
criminal offenses. When reviewing a prior conviction of an
initial applicant for the purpose of determining good moral
character, the Department shall consider the factors evidence

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of rehabilitation and mitigating factors in the applicant's
record, including those set forth in subsection (a) of Section
2105-131 of this Act. A denial based on a finding of an
applicant's lack of good moral character related to a prior
conviction shall only be permitted when required by the
relevant professional Act and after the Department has
considered the factors set forth in subsection (a) of Section
2105-131 of this Act.
(c) The Department shall not require applicants to report
the following information and shall not consider the following
criminal history records in connection with an application for
licensure or registration:
(1) juvenile adjudications of delinquent minors as
defined in Section 5-105 of the Juvenile Court Act of 1987
subject to the restrictions set forth in Section 5-130 of
that Act;
(2) law enforcement records, court records, and
conviction records of an individual who was 17 years old
at the time of the offense and before January 1, 2014,
unless the nature of the offense required the individual
to be tried as an adult;
(3) records of arrest not followed by a charge or
conviction;
(4) records of arrest where the charges were
dismissed; unless related to the practice of the
profession; however, applicants shall not be asked to

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report any arrests, and an arrest not followed by a
conviction, if disclosed, shall not be the basis of a
denial and may be used only to assess an applicant's
rehabilitation;
(5) convictions overturned by a higher court; or
(6) convictions or arrests that have been sealed or
expunged.
(Source: P.A. 100-286, eff. 1-1-18.)
(20 ILCS 2105/2105-165)
Sec. 2105-165. Health care worker licensure actions; sex
crimes.
(a) When a licensed health care worker, as defined in the
Health Care Worker Self-Referral Act, (1) has been convicted
of a criminal act that requires registration under the Sex
Offender Registration Act; (1.5) has been convicted of
involuntary sexual servitude of a minor under subsection (c)
of Section 10-9 or subsection (b) of Section 10A-10 of the
Criminal Code of 1961 or the Criminal Code of 2012; (2) has
been convicted of a criminal battery against any patient in
the course of patient care or treatment, including any offense
based on sexual conduct or sexual penetration; (3) has been
convicted of a forcible felony; or (4) is required as a part of
a criminal sentence to register under the Sex Offender
Registration Act, then, notwithstanding any other provision of
law to the contrary, except as provided in this Section, the

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license of the health care worker shall by operation of law be
permanently revoked without a hearing.
(a-1) If a licensed health care worker has been convicted
of a forcible felony, other than a forcible felony requiring
registration under the Sex Offender Registration Act,
involuntary sexual servitude of a minor that is a forcible
felony, or a criminal battery against any patient in the
course of patient care or treatment, is not required to
register as a sex offender, and has had his or her license
revoked pursuant to item (3) of subsection (a) of this
Section, then the health care worker may petition the
Department to restore his or her license if more than 5 years
have passed since the conviction or more than 3 years have
passed since the health care worker's release from confinement
for that conviction, whichever is later. In determining
whether a license shall be restored, the Department shall
consider, but is not limited to, the following factors:
(1) the seriousness of the offense;
(2) the presence of multiple offenses;
(3) prior disciplinary history, including, but not
limited to, actions taken by other agencies in this State
or by other states or jurisdictions, hospitals, health
care facilities, residency programs, employers, insurance
providers, or any of the armed forces of the United States
or any state;
(4) the impact of the offense on any injured party;

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(5) the vulnerability of any injured party, including,
but not limited to, consideration of the injured party's
age, disability, or mental illness;
(6) the motive for the offense;
(7) the lack of contrition for the offense;
(8) the lack of cooperation with the Department or
other investigative authorities;
(9) the lack of prior disciplinary action, including,
but not limited to, action by the Department or by other
agencies in this State or by other states or
jurisdictions, hospitals, health care facilities,
residency programs, employers, insurance providers, or any
of the armed forces of the United States or any state;
(10) contrition for the offense;
(11) cooperation with the Department or other
investigative authorities;
(12) restitution to injured parties;
(13) whether the misconduct was self-reported;
(14) any voluntary remedial actions taken or other
evidence of rehabilitation; and
(15) the date of conviction.
(b) No person who has been convicted of any offense listed
in subsection (a) or required to register as a sex offender may
receive a license as a health care worker in Illinois. The
process for petition and review by the Department provided in
subsection (a-1) shall also apply to a person whose

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application for licensure is denied pursuant to item (3) of
subsection (a) of this Section for a conviction of a forcible
felony, other than a forcible felony requiring registration
under the Sex Offender Registration Act, involuntary sexual
servitude of a minor that is a forcible felony, or a criminal
battery against any patient in the course of patient care or
treatment, who is not required to register as a sex offender.
(c) Immediately after a licensed health care worker, as
defined in the Health Care Worker Self-Referral Act, has been
charged with any offense for which the sentence includes
registration as a sex offender; involuntary sexual servitude
of a minor; a criminal battery against a patient, including
any offense based on sexual conduct or sexual penetration, in
the course of patient care or treatment; or a forcible felony;
then the prosecuting attorney shall provide notice to the
Department of the health care worker's name, address, practice
address, and license number and the patient's name and a copy
of the criminal charges filed. Within 5 business days after
receiving notice from the prosecuting attorney of the filing
of criminal charges against the health care worker, the
Secretary shall issue an administrative order that the health
care worker shall immediately practice only with a chaperone
during all patient encounters pending the outcome of the
criminal proceedings. The chaperone must be a licensed health
care worker. The chaperone shall provide written notice to all
of the health care worker's patients explaining the

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Department's order to use a chaperone. Each patient shall sign
an acknowledgement that they received the notice. The notice
to the patient of criminal charges shall include, in 14-point
font, the following statement: "The health care worker is
presumed innocent until proven guilty of the charges.". The
licensed health care worker shall provide a written plan of
compliance with the administrative order that is acceptable to
the Department within 5 days after service receipt of the
administrative order. Failure to comply with the
administrative order, failure to file a compliance plan, or
failure to follow the compliance plan shall subject the health
care worker to temporary suspension of his or her professional
license until the completion of the criminal proceedings.
(d) Nothing contained in this Section shall act in any way
to waive or modify the confidentiality of information provided
by the prosecuting attorney to the extent provided by law. Any
information reported or disclosed shall be kept for the
confidential use of the Secretary, Department attorneys, the
investigative staff, and authorized clerical staff and shall
be afforded the same status as is provided information under
Part 21 of Article VIII of the Code of Civil Procedure, except
that the Department may disclose information and documents to
(1) a federal, State, or local law enforcement agency pursuant
to a subpoena in an ongoing criminal investigation or (2) an
appropriate licensing authority of another state or
jurisdiction pursuant to an official request made by that

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authority. Any information and documents disclosed to a
federal, State, or local law enforcement agency may be used by
that agency only for the investigation and prosecution of a
criminal offense. Any information or documents disclosed by
the Department to a professional licensing authority of
another state or jurisdiction may only be used by that
authority for investigations and disciplinary proceedings with
regards to a professional license.
(e) Any licensee whose license was revoked or who received
an administrative order under this Section shall have the
revocation or administrative order vacated and completely
removed from the licensee's records and public view and the
revocation or administrative order shall be afforded the same
status as is provided information under Part 21 of Article
VIII of the Code of Civil Procedure if (1) the charges upon
which the revocation or administrative order is based are
dropped; (2) the licensee is not convicted of the charges upon
which the revocation or administrative order is based; or (3)
any conviction for charges upon which the revocation or
administrative order was based have been vacated, overturned,
or reversed.
(f) Nothing contained in this Section shall prohibit the
Department from initiating or maintaining a disciplinary
action against a licensee independent from any criminal
charges, conviction, or sex offender registration.
(g) The Department may adopt rules necessary to implement

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this Section.
(h) For the purposes of this Section, "conviction"
includes a plea of guilty, a plea of nolo contendere, a finding
of guilt, a jury verdict, and an entry of judgment or
sentencing, including, but not limited to, preceding sentences
of supervision, conditional discharge, or first offender
probation.
(Source: P.A. 99-886, eff. 1-1-17; 100-262, eff. 8-22-17.)
(20 ILCS 2105/2105-170)
Sec. 2105-170. Health care workers; automatic suspension
of license or registration. A health care worker, as defined
by the Health Care Worker Self-Referral Act or as set forth by
rule, licensed or registered by the Department shall be
automatically and indefinitely suspended if the licensee has
either been convicted of or has entered a plea of guilty or
nolo contendere in a criminal prosecution to a criminal health
care fraud offense or a criminal insurance fraud offense
requiring intent under the laws of the State, the laws of any
other state, or the laws of the United States of America,
including, but not limited to, criminal Medicare or Medicaid
fraud. A certified copy of the conviction or judgment shall be
the basis for the suspension. If, after the issuance of the
Department's order to suspend, a licensee requests a hearing,
then the sole purpose of the hearing shall be limited to the
length of the suspension of the licensee's license, as the

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conviction or judgment is a matter of record and may not be
challenged.
(Source: P.A. 99-211, eff. 1-1-16; 100-262, eff. 8-22-17.)
(20 ILCS 2105/2105-205) (was 20 ILCS 2105/60.3)
Sec. 2105-205. Publication of disciplinary actions; annual
report.
(a) The Department shall publish on its website, at least
monthly, final disciplinary actions taken by the Department
against a licensee or applicant pursuant to any licensing Act
administered by the Department. The specific disciplinary
action and the name of the applicant or licensee shall be
listed.
(b) No later than May 1 of each year, the Department must
prepare, publicly announce, and publish a report of summary
statistical information relating to new license,
certification, or registration applications during the
preceding calendar year. Each report shall show at minimum:
(1) the number of applicants for each new license,
certificate, or registration administered by the
Department in the previous calendar year;
(2) the number of applicants for a new license,
certificate, or registration within the previous calendar
year who had any criminal conviction;
(3) the number of applicants for a new license,
certificate, or registration in the previous calendar year

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who were granted a license, registration, or certificate;
(4) the number of applicants for a new license,
certificate, or registration within the previous calendar
year with a criminal conviction who were granted a
license, certificate, or registration in the previous
calendar year;
(5) the number of applicants for a new license,
certificate, or registration in the previous calendar year
who were denied a license, registration, or certificate;
(6) the number of applicants for new license,
certificate, or registration in the previous calendar year
with a criminal conviction who were denied a license,
certificate, or registration in part or in whole because
of such conviction, including the types of criminal
convictions;
(7) the number of licenses issued on probation within
the previous calendar year to applicants with a criminal
conviction; and
(8) the number of licensees or certificate holders
whose records who were granted expungement for a record of
discipline with the Department were sealed based on a
conviction predating licensure, certification, or
registration or a criminal charge, arrest, or a conviction
that was dismissed, sealed, or expunged or did not arise
from the regulated activity, as a share of the total such
expungement requests to seal.

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(Source: P.A. 102-105, eff. 1-1-22.)
(20 ILCS 2105/2105-207)
Sec. 2105-207. Records of Department actions; sealing of
disciplinary records.
(a) Any licensee subject to a licensing Act administered
by the Department and who has been subject to disciplinary
action by the Department may file an application with the
Department on forms provided by the Department, along with the
required fee of $175, to have the records classified as
confidential, not for public release, and considered sealed
expunged for reporting purposes if:
(1) the application is submitted more than 3 years
after the disciplinary offense or offenses occurred or
after restoration of the license, whichever is later;
(2) the licensee has had no incidents of discipline
under the licensing Act since the disciplinary offense or
offenses identified in the application occurred;
(3) the Department has no pending investigations
against the licensee; and
(4) the licensee is not currently in a disciplinary
status.
(b) An application to make disciplinary records
confidential shall only be considered by the Department for an
offense or action relating to:
(1) failure to pay taxes;

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(2) continuing education;
(3) failure to renew a license on time;
(4) failure to obtain or renew a certificate of
registration or ancillary license;
(5) advertising;
(5.1) discipline based on criminal charges or
convictions:
(A) that did not arise from the licensed activity
and was unrelated to the licensed activity; or
(B) that were dismissed or for which records have
been sealed or expunged;
(5.2) past probationary status of a license issued to
new applicants on the sole or partial basis of prior
convictions;
(6) any grounds for discipline removed from the
licensing Act;
(7) failure to comply with workers' compensation
requirements; or
(8) reprimand of a licensee.
(c) An application shall be submitted to and considered by
the Director upon submission of an application and the
required non-refundable fee. The Department may establish
additional requirements by rule. The Department is not
required to report the removal of any disciplinary record to
any national database. Nothing in this Section shall prohibit
the Department from using a previous discipline for any

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regulatory purpose or from releasing records of a previous
discipline upon request from law enforcement, or other
governmental body as permitted by law. Classification of
records as confidential shall result in removal of records of
discipline from records kept pursuant to Sections 2105-200 and
2105-205 of this Act.
(d) Any applicant for licensure or a licensee whose
petition for review is granted by the Department pursuant to
subsection (a-1) of Section 2105-165 of this Law may file an
application with the Department on forms provided by the
Department to have records relating to his or her permanent
denial or permanent revocation classified as confidential and
not for public release and considered sealed expunged for
reporting purposes in the same manner and under the same terms
as is provided in this Section for the offenses listed in
subsection (b) of this Section, except that the requirements
of a 3-year waiting period and the $175 application fee do not
apply.
(e) Notwithstanding any other provisions of this Section,
and unless otherwise required by law, the Department shall
classify disciplinary records as confidential and remove final
disciplinary actions from public record without application
when:
(1) 5 years or more have lapsed since the later of: (A)
entry of a final disciplinary order against the applicant
or licensee or (B) restoration of the license after the

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order;
(2) the licensee is not in disciplinary or
probationary status, and there is no pending investigation
against the licensee; and
(3) there have been no other incidents of discipline
under any licensing Act regulated by the Department since
the public discipline subject to review was entered or the
license was restored.
The disciplinary offense or offenses that qualify under
this subsection (e) do not include violations based on:
(A) convictions of health care workers for the
offenses enumerated in Section 2105-165 unless a petition
for review was granted pursuant to subsection (a-1) of
Section 2105-165;
(B) forcible felony convictions as listed by the
Criminal Code of 2012 or an equivalent law in any other
jurisdiction, including under federal law;
(C) criminal acts that require registration under the
Sex Offender Registration Act or sexual misconduct that is
a violation of the Department's professional Acts;
(D) convictions of massage therapists for the offenses
specified in subsections (c) and (c-5) of Section 45 of
the Massage Therapy Practice Act; or
(E) felony convictions related to fraudulent activity,
including, but not limited to, forgery, embezzlement,
falsifying documentation, and defrauding the government.

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If a disciplinary order consists of any of the convictions
that do not qualify under this subsection (e), even in part,
the disciplinary action shall not qualify for sealing under
this subsection (e). The Department shall have up to 3 years
after the effective date of this amendatory Act of the 104th
General Assembly to fully implement the process of sealing
records as provided in this subsection (e), subject to the
availability of funds for the costs of programming and
personnel required for the Department's implementation and the
expenditure of Department resources.
(f) The Department may adopt additional requirements by
rule. The Department is not required to report the removal of
any disciplinary record from public record to any national
database. Nothing in this Section shall prohibit the
Department from using a previous discipline for any regulatory
purpose, such as a factor in aggravation, in any future
disciplinary proceeding. The Department shall not be
prohibited from releasing records of a previous discipline
upon request by law enforcement or other governmental bodies
as permitted by law. Classification of records as confidential
shall result in removal of records of discipline from records
kept pursuant to Sections 2105-200 and 2105-205 of this Act.
(Source: P.A. 103-26, eff. 1-1-24.)
Section 15. The Health Care Professional Credentials Data
Collection Act is amended by changing Section 51 as follows:

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(410 ILCS 517/51)
Sec. 51. Licensure records. Licensure records designated
confidential and considered sealed expunged for reporting
purposes by the licensee under Section 2105-207 of the Civil
Administrative Code of Illinois are not reportable under this
Act.
(Source: P.A. 98-816, eff. 8-1-14; 99-78, eff. 7-20-15.)
Section 20. The Unified Code of Corrections is amended by
changing Sections 5-5-5 and 5-5.5-25 as follows:
(730 ILCS 5/5-5-5) (from Ch. 38, par. 1005-5-5)
Sec. 5-5-5. 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.
(b-5) Notwithstanding any other provision of law, a person
convicted of a felony, bribery, perjury, or other infamous
crime for an offense committed on or after the effective date
of this amendatory Act of the 103rd General Assembly and
committed while he or she was serving as a public official in

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this State is ineligible to hold any local public office or any
office created by the Constitution of this State unless the
person's conviction is reversed, the person is again restored
to such rights by the terms of a pardon for the offense, the
person has received a restoration of rights by the Governor,
or the person's rights are otherwise restored by law.
(c) A person sentenced to imprisonment shall lose his
right to vote until released from imprisonment.
(d) (Blank). 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

HB4762 Enrolled - 27 - LRB104 17958 AAS 31395 b
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 to 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 or more criminal offenses, or by reason of a
finding of lack of "good moral character" when the finding is
solely 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 public safety and to the practice of
the applicable profession; and property or to the safety
or welfare of specific individuals or the general public.
(3) the applicant meets any other limitations or
factors detailed in the applicable professional Act.

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In making such a determination, the licensing agency, in
addition to its own requirements, may shall consider the
following factors:
(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

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specific individuals or the general public.
(i) A certificate of relief from disabilities shall be
issued only for a license or certification issued under the
following Acts, as well as all professional Acts regulated by
the Division of Professional Regulation and the Division of
Real Estate of the Department of Financial and Professional
Regulation:
(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 Regulation
Act;
(5) the Boxing and Full-contact Martial Arts Act;
(6) the Illinois Certified Shorthand Reporters Act of
1984;
(7) the Illinois Farm Labor Contractor Certification
Act;
(8) the Registered Interior Designers Act;
(9) the Illinois Professional Land Surveyor Act of

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1989;
(10) the Landscape Architecture Registration Act;
(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
1989;
(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
Act;
(23) the Funeral Directors and Embalmers Licensing
Code;
(24) (blank);
(25) the Professional Geologist Licensing Act;
(26) the Illinois Public Accounting Act; and
(27) the Structural Engineering Practice Act of 1989.
Failure to obtain a certificate of relief from
disabilities shall not be the sole reason for denial of a

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license specified in this subsection.
(Source: P.A. 102-284, eff. 8-6-21; 103-562, eff. 11-17-23.)
(730 ILCS 5/5-5.5-25)
Sec. 5-5.5-25. Certificate of good conduct.
(a) A certificate of good conduct may be granted as
provided in this Section to relieve an eligible offender of
any employment, occupational licensing, or housing bar. The
certificate may be limited to one or more disabilities or bars
or may relieve the individual of all disabilities and bars.
Notwithstanding any other provision of law, a certificate
of good conduct does not relieve an offender of any
employment-related disability imposed by law by reason of his
or her conviction of a crime that would prevent his or her
employment by the Department of Corrections, Department of
Juvenile Justice, or any other law enforcement agency in the
State.
(a-6) A certificate of good conduct may be granted as
provided in this Section to an eligible offender as defined in
Section 5-5.5-5 of this Code who has demonstrated by clear and
convincing evidence that he or she has been a law-abiding
citizen and is fully rehabilitated.
(b)(i) A certificate of good conduct may not, however, in
any way prevent any judicial proceeding, administrative,
licensing, or other body, board, or authority from considering
the conviction specified in the certificate.

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(ii) A certificate of good conduct shall not limit or
prevent the introduction of evidence of a prior conviction for
purposes of impeachment of a witness in a judicial or other
proceeding where otherwise authorized by the applicable rules
of evidence.
(iii) A certificate of good conduct does not limit any
employer, landlord, judicial proceeding, administrative,
licensing, or other body, board, or authority from accessing
criminal background information; nor does it hide, alter, or
expunge the record.
(c) An employer is not civilly or criminally liable for an
act or omission by an employee who has been issued a
certificate of good conduct, except for a willful or wanton
act by the employer in hiring the employee who has been issued
a certificate of good conduct.
(d) The existence of a certificate of good conduct does
not preclude a landlord or an administrative, licensing, or
other body, board, or authority from retaining full discretion
to grant or deny the application for housing or licensure.
(Source: P.A. 101-154, eff. 1-1-20.)
(730 ILCS 5/5-5.5-50 rep.)
Section 25. The Unified Code of Corrections is amended by
repealing Section 5-5.5-50.
Section 95. Report. Nothing in this Act shall be construed

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to eliminate the reporting requirements pursuant to Section
2105-205 of the Department of Professional Regulation Law of
the Civil Administrative Code of Illinois.
Section 97. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.
Section 99. Effective date. This Act takes effect upon
becoming law.
HB4762 Enrolled - 34 - LRB104 17958 AAS 31395 b
INDEX
Statutes amended in order of appearance
20 ILCS 2105/2105-5 was 20 ILCS 2105/60b
20 ILCS 2105/2105-105 was 20 ILCS 2105/60d
20 ILCS 2105/2105-131
20 ILCS 2105/2105-135
20 ILCS 2105/2105-165
20 ILCS 2105/2105-170
20 ILCS 2105/2105-205 was 20 ILCS 2105/60.3
20 ILCS 2105/2105-207
225 ILCS 410/1-7 from Ch. 111, par. 1701-7
410 ILCS 517/51
730 ILCS 5/5-5-5 from Ch. 38, par. 1005-5-5
730 ILCS 5/5-5.5-25
730 ILCS 5/5-5.5-50 rep.