Crime & Traffic
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If your criminal record does not qualify for expungement or sealing, a Certificate of Relief from Disabilities may help you overcome certain barriers to getting a professional or occupational license because of your record. The questions below explain how the certificate works, who qualifies, and how to apply.
Important: If possible, sealing or expunging your record is a better option because it offers more protection than a Certificate of Relief from Disabilities. Even if you do not qualify for expungement or sealing now, you may qualify in the future. Talk to a lawyer about which option is best for you.
What is a Certificate of Relief from Disabilities?
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A Certificate of Relief from Disabilities is a court order that can help you get certain professional or occupational licenses if you have a criminal conviction.
Some licensing laws allow a criminal conviction to affect whether you can get a license. A Certificate of Relief from Disabilities can remove some of these conviction-based barriers. It also creates a presumption that you have been rehabilitated for the convictions listed in the certificate.
The certificate applies to many professional licenses, including licenses for professions such as cosmetology, counseling, real estate, architecture, engineering, and accounting. It does not erase, seal, or expunge your conviction. A licensing agency can still consider your conviction when allowed by law.
What licenses can a Certificate of Relief from Disabilities help you get?
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A Certificate of Relief from Disabilities can help you get certain professional or occupational licenses if a criminal conviction would otherwise make it harder for you to get the license.
It covers many licenses regulated by the Illinois Department of Financial and Professional Regulation (IDFPR). For example, it may help you get a license to work as a:
- Barber, cosmetologist, or nail technician,
- Counselor or marriage and family therapist,
- Real estate professional,
- Architect, engineer, or land surveyor,
- Dietitian nutritionist,
- Funeral director or embalmer,
- Accountant,
- Roofing contractor, or
- Auctioneer.
This is not a complete list. Talk to a lawyer if you have questions about whether a Certificate of Relief from Disabilities could help you get a specific license or certification.
Having a certificate does not guarantee that you will get a license. The agency that issues the license can still consider your conviction when the law allows it.
If the certificate does not give you all the relief you need, you can ask the same court to expand it later.
Who can get a Certificate of Relief from Disabilities?
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You may qualify if you have a criminal record, including a record that cannot be expunged or sealed.
You are not eligible if you have been convicted of:
- Arson or aggravated arson,
- Kidnapping or aggravated kidnapping,
- Aggravated driving under the influence (DUI),
- Aggravated domestic battery, or
- An offense or attempted offense that requires registration under the Sex Offender Registration Act, Arsonist Registry Act, or
- Murderer and Violent Offender Against Youth Registration Act.
Even if you are eligible, the judge does not have to give you a certificate. You must show clear and convincing evidence that the certificate would support your rehabilitation and be consistent with the public interest.
When can you apply for a Certificate of Relief from Disabilities?
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You can ask for a Certificate of Relief from Disabilities at the time you are sentenced or at any time after sentencing. There is no waiting period. You do not have to finish your sentence, probation, or parole before you can ask for a certificate.
How do you apply for a Certificate of Relief from Disabilities?
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You apply with the circuit court where you were convicted and sentenced. There are currently no statewide court forms specifically for requesting a Certificate of Relief from Disabilities.
If your conviction is from Cook County, you can use the Cook County Petition for Certificate of Relief from Disabilities.
If your conviction is from outside Cook County, contact the circuit court clerk for the court where you were convicted to ask whether local forms are available. If the court does not have a form, you may need to prepare your own request. Consider talking to a lawyer for help.
What does the judge consider?
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The judge must determine whether:
- You are legally eligible for the certificate,
- Granting the relief is consistent with your rehabilitation, and
- Granting the relief is consistent with the public interest.
Be prepared to provide information about your criminal record, rehabilitation, and the license or employment opportunity you are seeking.
How do you use a Certificate of Relief from Disabilities?
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If you get a Certificate of Relief from Disabilities, you can provide it to the agency when you apply for a license covered by the certificate. The certificate does not guarantee that you will get the license. The licensing agency can still consider your conviction and other factors when allowed by law. You may need to complete additional administrative steps with IDFPR or other state agencies before you qualify for the license or permit, even after receiving a Certificate of Relief from Disabilities.
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