what does this mean? background checks and understanding criminal records criminal records...
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What Does This Mean?Background Checks and Understanding
Criminal Records
Criminal Records Collaborative
August 24, 2005
Robert Morris College
Criminal Records Collaborative
5 organizations – Cabrini Green Legal Aid Clinic– First Defense Legal Aid– Chicago Jobs Council– Safer Foundation– Sargent Shriver National Center on Poverty Law
Goals
Remove legislative barriers to employment for ex-offenders in Illinois
Increase effective opportunities for ex-offenders to access transitional jobs and other placement programs designed to address their needs
Build the capacity of two counties to better address the employment needs of individuals with a criminal record
Increase access to and capacity for delivering legal services to individuals with a criminal record
“We know from experience that if (former prisoners) can’t find work, or a home, or help, they are much more likely to commit more crimes and return to
prison…America is the land of the second chance, and when the gates of the prison open, the path
ahead should lead to a better life” President George W. Bush
2004 State of the Union Address
Criminal Records Legislations
PL 93-211 (sealing and expungement) PL 93-210 (automatic expungement) PL 93-207 (Certificates of Relief ) PL 93-208 (Transitional jobs) Public Act 93-1084 (June 1, 2005)
Problem
Barriers To Employment– Legal Action Center report “After Prison: Rock
blocks to Re-entry” Employment Public Assistance and Food Stamps Voting Public Housing Adoptive and Foster Parenting Drivers’ Licenses
Occupational and Licensure Bars– Division of Professional regulations
Internal 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 – Healthcare Waiver by the Illinois Department of
Public Health
Background Checks
Increase use in background check services – Does not tell the whole story – A criminal record is associated with a 50%
decrease in employment opportunities for whites, and a 64% decrease for blacks
Internet Services – Reliability / incorrect information
Fair Credit Reporting Act
Employers may use consumer report information when considering employment applications as long as they comply with the federal Fair Credit Reporting Act
A Consumer Reporting Agency (CRA) is any person who for monetary compensation, regularly engages in the practice of investigating and evaluating information to provide reports to employers for the purpose of evaluating an individual for employment, promotion, assignment or retention as an employee
Specific individual rights – Employers who use information from a CRA to deny
employment must inform the job applicant and provide the name, address and phone number of the CRA that provided the consumer report
– If a file contains inaccurate information, the CRA must investigate the item in question and provide a written report of the investigation to the owner of the file and a copy of an amended report if the investigation results in a change
Consumer reports may not contain adverse information (including an arrest not leading to a conviction) more than seven years old except for the following reasons: – Bankruptcies may be reported for 10 years– Convictions may be reported without any time
limitations
Federal Legislation
– Strong opposition to using commercially available databases
– Require a person or organization requesting information secure a specific written authorizations for release of criminal background check information form the person with the criminal record
– Require that the records be shares with the individuals under all circumstances, regardless if the person if denied employment
– Require a process for appeal– Restrict employers charging for background checks
Criminal History Records
Only available through the state police A written consent must be obtained by a CRA before
it gives out any information to an employer or prospective employer. Notification language that appears on an application for employment is NOT acceptable. Written authorization from the individual to whom the report relates, in the form of a “stand-alone document” must be used for a consumer report to be obtained for employment purposes
Big Questions for Employers/ HR
Do I have to show a job applicant their background check?
– Applicants are legally entitled to review their background check because many background checks are inaccurate.
What do I really need to know about a job applicant's background?
– What type of crime was committed? – How long was the conviction?– What will your organization provide in the way of support if
the employer hires this individual? – Does the client deal well with conflict?
Negligent Hiring
One of the key factors in determining negligent hiring is whether an employer could have foreseen the criminal activity. This is why employers conduct background checks and have concerns about job seekers who have committed violent offenses. Employers are encouraged to give full consideration to certain factors when determining whether to hire a person with a criminal record:
The nature and gravity of the crimes. The time that has passed since the conviction or completion of
sentence. The nature of the job being sought.
Things to Consider
The state’s public policy of encouraging the employment of individuals with a criminal record
The duties and responsibilities related to the job sought. Applicant’s fitness or ability to perform these duties and
responsibilities associated with the job sought Applicant’s age at the time of the criminal offense The seriousness of the offense Any information produced by the applicant, or on the
applicant’s behalf regarding his or her rehabilitation and good conduct
The interest in protecting property, and the safety and welfare of specific individual or the general public
Certificates of Rehabilitation
“Grant” the holder a presumption of rehabilitation as to any convictions listed in the certificate
Serve as a “letter of recommendation” “Remove bars” for licenses, but do not guarantee a
license Employers do not have to honor certificates. Can be used with 18 occupational Acts listed by the
Illinois Department of Financial and Professional Regulations
Certificate of Relief from Disability
A person with a misdemeanor must demonstrate one year of good conduct
One felony conviction Non- violent misdemeanors No time in federal or state department of
corrections (includes supervision by the state)
Application is made to the Circuit Court
Certificate of Good Conduct
A person must demonstrate three years of good conduct
More than one felony conviction (non-violent) Incarcerated in a Illinois correction facility Application is made to the Illinois Prisoner
Review Board License can be revoked
Occupational Acts
Barber/Cosmetology/Esthetics/Nail Technology
Electrologist Landscape Architecture Interior Design Athletic Training Professional Boxing Shorthand Reporters Land Surveyor Marriage and Family Therapy Roofing Industry Professional Counselor and Clinical
Professional Counselor Real Estate Engineering
Water Well and Pump InstallationContractorwww.idph.state.il.us/rulesregs/rules-indexbytopic.htm
)
The Private Employment Agency Act www.state.il.us/agency/idol/)
Animal Welfare www.agr.state.il.us/
Farm Labor Contractorwww.agr.state.il.us/
Boiler/Pressure Vessel Repairer (overseen by the State Fire Marshall)
Incentives for Employers
Federal Bonding ProgramPatricia Rusoff
Illinois Department of Employment Security
Prusoff@ides.state.il.us
Work Opportunity Tax Credit
Barbara Herber
312-793-2620 ext. 231
bherber@ides.state.il.us
Obtaining Records- Police
Local- Chicago Police Department– 3510 S. Michigan Ave. – 8am-12pm (fingerprinting)– 2:00pm-3:30pm (pick up records) – $16 fee
State-Illinois State Police – Division of Administration, and Bureau of Identification – (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
Cabrini Green Legal Aid Help Desk
Started in August 2005 Daley Center, Room 1006 Mondays- Wednesdays 9am-12pm 9 appointments per day Client MUST have a copy of their Chicago
criminal record (rap sheet) No cost for legal services
Clearing Records
Expungement Sealing Executive Clemency New law effective June 1, 2005 (PA 93-1084) Remedy available is dependant on several
factors
Expungement
Complete destruction of criminal record Generally only available for “non-convictions”
– Arrests– Supervision– 710/1410 probation
Sealing
Some entities still have access to records Generally available for expugnable offenses Some misdemeanor convictions Few felony convictions
Access to Sealed Records
Courts Law enforcement agencies Prosecutors State and federal entities that are required by
law to inquire
Retaining 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
Court Filing
Sealing and Expungement– Filing fee waiver– Bond forfeitures– Cook County forms
6 districts
– Other Circuits in the State
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