IDFPR Places Fewer Obstacles in the Way of Those Applying for a Licence That Have a Criminal Record

Starting in 2018, Illinois made it easier for someone with a criminal background to apply for a professional or occupational license from the Illinois Department of Financial and Professional Regulation (IDFPR). Three years later, the law’s changes remain largely unknown to those who were intended to benefit from them.

Sealing Your Criminal Record Before Seeking a License

Having a criminal record does not automatically doom someone’s license application. In fact, if you first seal your criminal record, the IDFPR cannot ask you to disclose this information or use it against you.

The one exception to this rule is health care worker licensing. If you’re applying for a health care worker license and previously sealed a “forcible felony” conviction, you must disclose this information to the IDFPR. A list of forcible felony offenses, as defined by the IDFPR, can be obtained here.
https://www.ilga.gov/commission/jcar/admincode/068/068011300C02200R.html

How One Licensing Board Evaluates Applicants Who Have a Criminal Background

Recently, I spoke with two women both interested in obtaining a real estate license. One woman had a few recent misdemeanor cases, while the other woman had several old felony cases on her record.

In an effort to assist the women on when best to apply for their licenses (both women have yet to seal their records), I first checked to see if the Real Estate (R.E.) Board had regulations addressing how it evaluates applicant who have a criminal background.

To my surprise, I couldn’t find any information on the subject. It is important to note that each licensing board drafts its own regulations. If you have a background, it would be a good idea to determine if there are written guidelines on how the licensing board you plan to apply to evaluates applicants who have a criminal background.

IDFPR Continues to Discipline New Licensees Due to Past Crimes

Having found no applicable guidelines for the R.E. Board, I then reviewed the previous year’s monthly disciplinary reports for the IDFPR.

While most disciplinary actions I found involved license holders, I came across two real estate broker applicants disciplined for a having a prior criminal record. While both individuals were granted their licenses, those licenses were immediately placed on probation for a minimum of two years – an outcome all licensees want to avoid.

In one case, the individual had a recent felony conviction for attempt robbery that he was not yet eligible to seal. I couldn’t find any information regarding the criminal background of the other applicant.

If I’d had the opportunity to counsel the first individual, I certainly would have urged him to hold off applying until his record could be sealed. If he’d done that, he likely would have avoided having his license placed on probation.

A third individual I found, a licensee, had her license suspended for a year for failing to disclose a new felony conviction and then later lying about it when she renewed her license. All licensees have an affirmative duty to notify the IDFPR of an arrest and/or conviction.

I concluded my research by reaching out to a friend who works in the R.E. Division. While his job does not entail reviewing license applications, he confirmed that the R.E. Board had chosen not to adopt a bright-line rule regarding what criminal offenses would disqualify someone from receiving a license.

He explained that the Board wanted the freedom to review applications on an individual basis, allowing applicants to provide any relevant information showing that their past actions were no longer representative of their present circumstances.

To Seal or Not to Seal?

How would I advise the two aspiring R.E. applicants? To begin with, there isn’t one correct answer. The answer depends in large part on one thing: What is the applicant’s story? What led the person to engage in the misconduct? How old is the case? How old was the person at the time of arrest?

Clearly, the older the case, the easier it is to provide compelling proof of rehabilitation. If, on the other hand, the case(s) are recent but minor in nature (possession of cannabis, disorderly conduct), you might be able to rely on the “young and dumb” defense.

While the path of least resistance may be to seal the record before applying, some may not want to wait -- in Chicago, it’s taking more than a year just to get a petition before a judge to rule on.

If you want to apply without first sealing your record you need to be comfortable telling your story. In some cases, the licensing board may ask you to appear for an informal hearing for the purpose of obtaining more information about your background.

If you are unsure of how to proceed, please contact A Bridge Forward to schedule a free 20-minute consultation. We will assist you in exploring how best to maximize your odds of obtaining an unencumbered (free from disciplinary action) license.