In Illinois, a Certificate of Relief from Disabilities or a Certificate of Good Conduct might be the best option for someone with a criminal record who is searching for employment.
In the arena often dubbed "the collateral consequences of conviction", the gubernatorial pardon, as discussed in my previous blog entry, can be considered the "patriarch" of relief procedures, but as a practical matter, it is an extraordinary form of relief that can take many years to be granted. However, more readily obtained forms of relief such as the sealing or expungement of one's criminal record are only available to individuals meeting very specific criteria, as also previously discussed. In January 2004, the Illinois Unified Code of Corrections was enlarged via Article 5.5 (730 ILCS 5/5-5.5 et seq.) to create a potential solution for someone with a criminal record who, although technically eligible for a pardon, in all likelihood would not be considered sufficiently "rehabilitated" - a subjective criteria closely tied to the length of time since an individual's last criminal offense - to realistically be considered for such comprehensive relief. This additional statutory relief came in two forms, generally: (1) a Certificate of Relief from Disabilities and (2) a Certificate of Good Conduct.
In Illinois, both the Certificate of Relief from Disabilities and the Certificate of Good Conduct are reserved for individuals with no more than two non-violent felony convictions. Generally speaking, these certificates serve to relieve an employer of civil or criminal liability for an act or omission by the person to whom the certificate was issued. There is not an abundance of information regarding certificates as a form of relief, especially information focused on the Certificate of Good Conduct. Moreover, with regards to this latter type of certificate, the statute remains somewhat vague, leaving what seems to be much room for speculation about its purpose and use. (See 730 ILCS 5/5-5.5-25 et seq.)
