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IL HB0765
Bill
Status
2/6/2009
Primary Sponsor
Arthur Turner
Click for details
AI Summary
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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.
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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.
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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.
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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.
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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