Criminal Records Workshop by ramhood4


									Criminal Records
Cabrini Green Legal Aid Clinic
        Chicago Jobs Council
              March 31, 2005
   John Marshall Law School

   Employment Barriers
   Working with Employers
   Obtaining and Understanding Criminal
   Clearing Records
   Rap Sheets Exercise
Employment Barriers
Background Checks

   Increase in background checks by employers

       Allows employers to discriminate in their hiring
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
Lack of Community Capacity
   Returning to Chicago’s West and South sides
       5 major zip codes: 60624, 60644, 60651, 60612,
   Lack of employment and training providers in
    the City.
   All organization needs to be able to serve this
Discrimination and Bias
   Racial and ethnic discrimination
   Stigma and bias
       Employers
           Trust
           Creditibility
           Liability and safety

       Community-based providers
Working with Employers
Myth # 1

 Employers do not hire people with a criminal
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
Myth # 3

 If they have committed one crime, they will
                commit another.
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.
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.
General Questions
   Can an employer ask about :

       Arrest?
       Convictions?
       Expunged or sealed criminal records?
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
   Leaving questions blank might be construed
    as being dishonest.
Obtaining and Understanding
Criminal Records
Criminal Records
   Date

   Disposition

   Arrest

   Final Order
Reading Records

       Fingerprints- IR number
       State Police inquiry
           UCIA
           UCIAF
Obtaining Records - Police
   Local- Chicago Police Department
      3510 S. Michigan Ave.
      8am-12pm (fingerprinting); 2:00pm-3:30pm (pick up
      $16 fee

   State-Illinois State Police
      Division of Administration, and Bureau of Identification
      260 North Chicago Street
      Joliet, Illinois 60431
      (815) 740-5160
      $20 (finger printed), $16 name only
Obtaining Records- Court
   Court- Public Computers (8:30am-4:30pm)

       Room 1006
        Daley Center
        50 W. Washington

       Room 526
        Criminal Courts Building
        2650 S. California Ave.
Criminal Law
   Misdemeanor
       Sentence of less than 1 year
       Jail- CCDOC
       Probation
Criminal Law
   Felony
       Sentence of 1 year or more
       Prison – IDOC
       Parole
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
Criminal Law
   Conviction-Seal
       Finding of guilt
           Plea
           Verdict
       Time served (TCS)
       Sentence of probation
       Conditional discharge
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
Pardon- Executive Clemency

   Most felonies
   Governor
   Prisoner Review Board
   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 Victim’s
        Compensation Act
       Crimes that require Sex Offender Registration
   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
Sealing- Waiting Period
   4 years following the completion of the
   3 years after supervision is completed
   When acquitted
   When a conviction is reversed
Access to Sealed Records
   Courts
   Law enforcement agencies
   Prosecutors
   State and federal entities that are required by
    law to inquire
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
Other provisions
   Court duty to advise
   State Police funding
   710/1410
   Adult records
   All or nothing
   Misdemeanors
   Destruction of record
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
Court Filing
   Sealing or Expungement
       Filing fee waiver
       Bond forfeitures
       Cook County forms
           6 Districts
       Other Circuits
Rap Sheet Exercise

To top