Certificate of Relief From Disabilities is an Illinois statutory remedy (730 ILCS 5/5-5.5-25) available to individuals who are barred from obtaining a certificate or a license as a result of a criminal conviction. Unlike expungement and sealing, Certificate of Relief From Disabilities does not destroy the record, nor does it make it unavailable to the public or employer. The Certificate lifts the statutory restrictions, making a previously ineligible individual, eligible for a license. The Certificate, still, does not prevent any judicial proceeding, administrative, licensing, or other body, board or authority from exercising its discretionary power to refuse to issue a license to an eligible individual.
Eligibility: A Certificate of Relief From Disabilities is available to a person who has been convicted of a crime in Illinois or of an offense in any other jurisdiction that does not include any offense or attempted offense that would subject a person to registration under the Sex Offender Registration Act, the Arsonist Registration Act, or the Murderer and Violent Offender Against Youth Registration Act. The Court must also consider whether granting such relief is consistent wight the rehabilitation of such individual, and whether it is consisted with the public interest.
Not Eligible: An individuals who has been convicted of committing or attempting to commit a Class X felony, aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof, aggravated domestic battery, or a forcible felony (“Forcible felony” means first degree murder, second degree murder, aggravated arson, arson, aggravated kidnapping, kidnapping, aggravated battery that resulted in great bodily harm or permanent disability, and any other felony which involved the use of physical force or violence against any individual that resulted in great bodily harm or permanent disability.)
The Certificate of Relief From Disabilities is available for the following:
- The Animal Welfare Act [Petitioner was not convicted under Section 3, 3.01, 3.02, 3.03, 3.03-1
- Humane Care for Animals Act, 510 ILCS 70/3, 510 ILCS 70/3.01, 510 ILCS 70/3.02, 510 ILCS 70/3.03, 510 ILCS 70/3.03-01 or 510 ILCS 70/4.01, 710 ILCS 5/26/-5]
- The Illinois Athletic Trainers Practice Act, 225 ILCS 5/1 et, seq.
- The Barber Cosmetology, Esthetics, Hair Braiding and Nail Technology Act of 1985, 225 ILCS 410/1-1 et. seq.
- The Boiler and Pressure Vessel Repairer Regulation Act 225 ILCS 203/1 et. seq.
- The Professional Boxing Act, 225 ILCS 105/1 et. seq.
- The Illinois Certified Shorthand Reporters Act of 1984, 225 ILCS 415/1 et. seq.
- The Illinois Farm Labor Contractor Certification Act, 225 ILCS 505/1 et seq.
- The Interior Design Title Act, 225 ILCS 310/1 et. seq.
- The Illinois Professional Land Surveyor Act of 1989, 225 ILCS 330/1 et. seq.
- The Illinois Landscape Architecture Act of 1989, 225 ILCS 315/1 et. seq.
- The Marriage and Family Therapy Licensing Act, 225 ILCS 55/1 et. seq.
- The Private Employment Agency Act, 225 ILCS 515/0.01 et. seq.
- The Professional Counselor and Clinical Professional Counselor Licensing Act, 225 ILCS 107/1 et. seq.
- The Real Estate License Act of 2000, 225 ILCS 454/1-1 et. seq
- The Illinois Roofing Industry Licensing Act, 225 ILCS 335/1 et. seq.
- Professional Engineering Practice Act, 225 ILCS 325/1 et. seq.
- Water Well and Pump Installation Contractors License Act, 225 ILCS 345/1 et. seq.
- Electrologist Licensing Act, 225 ILCS 345/1 et. seq.
- The Auction License Act, 225 ILCS 407/5-1 et. seq.
- Illinois Architecture Practice Act of 1989, 225 ILCS 305-1 et. seq.
- The Dietetic and Nutrition Services Practice Act, 225 ILCS 30/1 et. seq.
- The Environmental Health Practitioner Licensing Act, 225 ILCS 37/1 et. seq.
- The Funeral Directors and Embalmers Licensing Code, 225 ILCS 41/1 et. seq.
- The Land Sales Registration Act of 1999, 765 ILCS 86/1-1 et. seq.
- The Professional Geologist Licensing Act, 225 ILCS 745/1 et. seq.
- The Illinois Public Accounting Act of 1989, 225 ILCS 340/1 et. seq.
- The Structured Engineering Practice Act of 1989, 225 ILCS 340/1 et. seq.