Certificates of Rehabilitation

CERTIFICATES OF REHABILITATION in ILLINOIS can be better than a pardon, because they are easier to obtain, there is an established court proceeding for obtaining one, and when you obtain one, you will have a Circuit Court judgment that says you are rehabilitated as a matter of law.

Background: the new law of Certificates of Rehabilitation Before Governor Pat Quinn signed the new Illinois law of Certificates of Rehabilitation into law, he called Illinois Senate Bill 1050 (96th General Assembly), “noble.” See, 730 ILCS 5/5-5.5-5 (eff. Jan 1. 2010).

“I never thought I’d spend so much time on a bill like this,” said Illinois State Rep. Dennis M. Reboletti. “But Michael (Sweig) was camped out in my office and we worked to get something done.” Safer Foundation Catalyst, Sept. 28, 2010

Michael Sweig was principal lobbyist on the bill which his former employer, Safer Foundation, says was the culmination of it’s “most successful legislative effort to date. People with criminal records across the state now have a better chance to earn professional certificates, assets that will help them be more competitive on the job market.”

Why are Certificates of Rehabilitation in Illinois so advantageous? The single most important reason is that the Circuit Court has the power with a Certificate of Good Conduct to relieve ANY statutory or other employment bars resulting from a felony conviction.

Contact: Jack Coladarci, Esq., jacoladarci@colalaw.net

Important Things to Know About Certificates of Rehabilitation:

 The Circuit Court that entered a sentence of conviction, and no longer the Prisoner Review Board, now has exclusive jurisdiction to grant Certificates of Rehabilitation.

 The new law expands eligibility as to who may prove their rehabilitation and receive a Certificate of Relief from Disabilities (no waiting period for occupational licensing), and Certificate of Good Conduct (three-year waiting period for relief from general, non-licensing employment bars).

 Now even violent and non-probationable offenses may be eligible for relief.

 Now the only eligibility limitations are: (1) more than two felonies,

(2) a Class X felony,

(3) any felony that resulted in “great bodily harm or permanent disability”

(4) conviction for aggravated DUI or aggravated domestic battery; and

(5) offenses that require post-release registration (sex offenses, offenses against children, rape, arson, etc).

(NOTE: You must verify rap sheet accuracy by comparison to your court disposition. See “How to Obtain Court Disposition Documents,” at the bottom of this page.

 Employers have immunity from third-party claims if they have hired the holder of a Certificate of Relief or Certificate of Good Conduct.

 Before a person with a criminal record begins the licensing process, the Department of Professional Regulation now offers a free of charge, non-binding advisory opinion regarding whether his or her criminal offense will be a permanent obstacle to occupational licensing.

How to Obtain Court Disposition Documents

  • Court dispositions are obtained from the Clerk’s Office in the county where you were convicted.  For all Cook County:  Room 1006 at the Daley Center, 5th Floor at 26th California, or any of the suburban district Clerk’s Offices – Skokie, Rolling Meadows, Maywood, Bridgeview and Markham).
  • The cost is $9 per disposition.  The Clerk may charge you a fee to look up the information, but there are public access terminals that you can use for free. All Clerks’ Offices are open from 8:30 to 4:30.
  • For cases outside Cook County, go to the  Clerk of the Court (at the courthouse) in the county where you were convicted. Costs vary, but are similar Cook County fees. You may call a Clerk’s Office to have information sent to them without making the actual trip, but for that service you may pay extra.
  • In person or by phone, be sure you request a “certified disposition.”
  • If you’re not sure where your conviction occurred, you should obtain an Illinois State Police (ISP) conviction report, by calling the ISP at 815-740-5160 to find out where to get fingerprinted locally, after which they can find your information. The ISP contracts with private vendors to conduct the fingerprinting. The cost is generally $20 to $30.
  • If your conviction is from Chicago and before 1985, then a Chicago Police Department rap sheet is necessary.

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