Business & Work

People with certain convictions can’t work in a health care setting. However, you can get a waiver that removes this barrier. If the waiver is granted, you can be hired even though you have a conviction When someone is declared guilty of a crime by a court on your record.

Who needs a waiver?

In Illinois, unlicensed health care workers with certain convictions need waivers. This includes Certified Nurses Assistants, home health care workers, personal care aids, and people in school to work in health care. Also, anyone who wants to work in a health care setting and has access to patients needs a waiver. This might include janitors, food service staff, and people who provide transportation for patients. Licensed health care workers, such as Registered Nurses and Licensed Practical Nurses, do not need waivers.

Are you eligible for a waiver?

As part of the background check for the health care positions above, the Health Care Worker Registry (HCWR) may decide that you have one or more convictions that are disqualifying offenses. If the HCWR decides that you have any disqualifying offenses, you will need to apply for a waiver. The HCWR should tell you whether you are currently eligible to apply for a waiver. The HCWR will consider whether all of your court and post-discharge obligations are substantially complete. These requirements might include payment of fines or restitution, parole A release from prison. It allows someone to serve time outside of prison as long as they follow certain conditions. , or rehabilitation programs.

When can you apply for a waiver?

You can use this table to see how long you must wait after your conviction date to apply for a waiver. If you are not currently eligible because of a disqualifying offense, the HCWR will tell you when you may be eligible in the future based on the time restrictions below.

What convictions prevent you from working in health care without a waiver?

Use these lists to see some of the convictions that prevent you from working in health care without a waiver. This list is not complete. For a complete list, visit the Illinois Department of Public Health (IDPH) website. 

If you were convicted of an offense not listed on the IDPH website, you do not need a waiver.

Note: Starting January 1, 2025, the names of several weapon-related offenses will change, replacing "unlawful use" with "unlawful possession." Criminal background records may be updated retroactively to reflect the new terminology.

Disqualifying misdemeanor convictions that may be considered for a waiver:

• Assault An unlawful attack by one person upon another person, including aggravated assault, simple assault, and intimidation. ,*
• Battery,*
• Criminal trespass to residence,*
• Domestic battery,
• Endanger the life or health of child,*
• Retail theft The unlawful taking of property, money, or services from another person, business, or organization ,*
• Theft,* and
• Unlawful use of a weapon (UUW).*  

* These offenses are sealable 3 years after completion of your last conviction.

Disqualifying felony convictions that may be considered for a waiver: 

• Aggravated stalking When a person follows someone, watches them outside their home or office, or tells them things they observed them doing ,
• Armed violence,
• Arson,
• Burglary The entry or attempted entry of any fixed structure, vehicle, or vessel used for regular residence, industry, or business, with or without force, with intent to commit a felony or larceny and residential burglary,
• Cannabis or controlled substance,
• Child abduction,
• Criminal drug conspiracy,
• Cruelty to children,
• Forcible detention,
• Forgery,
• Home invasion,
• Manufacture, delivery, or possession with intent,
• Methamphetamine violations,
• Practice nursing without a license,
• Receive, sell, or use stolen credit card,
• Reckless discharge of a firearm,
• Robbery To take or attempt to take anything from another person by force or intimidation ,
• Tampering with food, drugs, or cosmetics,
• Theft (including retail or identity theft Wrongfully obtaining and using another person’s personal data. ),
• Unlawful restraint, and
• Vehicular hijacking.

Offenses that result in automatic denial of waiver: You must appeal the denial.

• Abuse or neglect When a person acts with less care or caution than a regular person would have in the same situation -Long Term Care (LTC) resident,
• Aggravated battery,
• Aggravated robbery,
• Aggravated vehicular hijacking,
• Armed robbery,
• Child pornography,
• Criminal abuse of elderly or persons with a disability A substantial impairment that functionally limits a person in carrying out major life activities, such as walking, lifting, seeing, or learning. ,
• Criminal sexual abuse,
• Criminal sexual assault When a person commits an act of sexual penetration by force or threat of force. Done without the consent of the victim. This includes when the victim cannot give consent. ,
• Exploitation of a child,
• Heinous battery,
• Indecent solicitation of a child,
• Involuntary manslaughter,
• Kidnapping Secretly taking and confining a person against their will ,
• Murder (1st or 2nd degree),
• Sexual misconduct with a person with a disability, and
• Solicitation of murder.

How to apply for a waiver

Complete the Health Care Worker Waiver Application, and mail the completed form to the Illinois Department of Public Health, Health Care Worker Registry, 525 West Jefferson Street, 4th Floor, Springfield, IL 62761. The Department will send you a LiveScan Request Form in the mail. Use this form to have your fingerprints collected.

You should always include more information than the application requires. It is a good idea to include:

• Information about the conviction and why it will not affect the work that you hope to do,
• Information about your life outside the record,
• Why you want to work in health care, and
• Other documentation to support the waiver, such as character and employment references.

Information about the conviction

Talk about the offense in your own words. You can say where you were when you were arrested, who you were with, and why the offense happened. It is also a good idea to discuss the lessons you learned. Try to accept responsibility for the conviction, and say why it won't happen again. If you violated any conditions of your sentence, explain why.

Information about your life outside the record

You need to show why you are worthy of a waiver, and how your past record won't be an issue with employment. Talk about why you are able to perform employment responsibilities, and why you are not a threat to the health or safety of residents, patients, or clients.

Other documentation to support the waiver application

You should get letters of support that say good things about your character. If you are currently, or were recently employed, include the contact information for your supervisor.

Guidelines for letters of support

It is very beneficial for applicants to include letters of support with their application for the health care waiver. The letters of support can be written by family, friends, pastors, or anyone who can say good things about your character. The letter should be written in paragraph form and should have these basic parts:

1. An introduction: The writer should introduce themselves by saying who they are and what they do for a living.
2. A section describing how the writer knows you: The writer should talk about how they know you. Are they a family member, friend, co-worker, or church member? How long have they known you? How often does the writer interact with you? What types of activities do you participate in together? If the writer has known you for a long time, how have they seen you grow and change?
3. A section talking about your positive impact: The writer should finish the letter by talking about how you've had a positive impact on their life and the lives of others. They should be specific. The letter should not simply say that you are a good person. Rather, the writer should tell stories that show you are a good person. They can talk about your strengths as a parent, family member, friend, co-worker, or community member. Examples:
   • "Mr. Smith has been a dedicated coach of his son's park district basketball team for the last 5 years."
   • "Ms. Johnson and I teach Sunday School together at our church, St. John's."
   • "Ms. Grant has been a loyal friend to me for the past ten years. She always offers to babysit my children, and she welcomes me and my family to her home."​
   • "Ms. Richards struggled with a substance use disorder for many years and wasn't part of our lives, but she is now."
4. A closing: The writer should always sign the letter and include a phone number or e-mail address. If possible, type the letter so it can be read easily. If your organization or church has letterhead, it is helpful to print the letter on that letterhead.