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IL HB0765

Bill

Status

Introduced

2/6/2009

Primary Sponsor

Arthur Turner

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Origin

House of Representatives

96th General Assembly

AI Summary

  • Amends the Criminal Identification Act to prohibit private and public entities from considering expunged or sealed records, or arrests/charges that did not result in convictions, in employment decisions, certification, licensing, or registration matters.

  • Requires employment applications to include specific language stating applicants are not obligated to disclose sealed or expunged records or arrests/charges that did not result in convictions.

  • Prohibits employers from asking applicants whether they have had records expunged or sealed, or been subject to arrests or charges that did not result in convictions.

  • Creates a presumption that an employer who obtains such information through non-compliant inquiries or application forms has based hiring decisions on that disclosure, rebuttable only by clear and convincing evidence.

  • Clarifies that sealing or expungement does not affect victims' rights to pursue civil litigation or remit fines and costs paid as consequences of the original charges.

Legislative Description

CRIM ID-EXPUNGED&SEALED REC

Last Action

Rule 19(a) / Re-referred to Rules Committee

4/3/2009

Committee Referrals

Rules4/3/2009
Judiciary II - Criminal Law2/11/2009
Rules2/9/2009

Full Bill Text

No bill text available