(225 ILCS 422/85)
(Section scheduled to be repealed on January 1, 2022)
Sec. 85. Consideration of past crimes.
(a) Notwithstanding the prohibitions set forth in Sections 40 and 45 of this Act, when considering the denial of a license or recovery permit on the grounds of conviction of a crime, the Commission, in evaluating the rehabilitation of the applicant and the applicant's present eligibility for a license or recovery permit, shall consider each of the following criteria:
(1) The nature and severity of the act or crime under
consideration as grounds for denial.
(2) Evidence of any act committed subsequent to the
act or crime under consideration as grounds for denial, which also could be considered as grounds for disciplinary action under this Act.
(3) The amount of time that has lapsed since the
commission of the act or crime referred to in item (1) or (2) of this subsection (a).
(4) The extent to which the applicant has complied
with any terms of parole, probation, restitution, or any other sanctions lawfully imposed against the applicant.
(5) Evidence, if any, of rehabilitation submitted by
the applicant.
(b) When considering the suspension or revocation of a license or recovery permit on the grounds of conviction of a crime, the Commission, in evaluating the rehabilitation of the applicant and the applicant's present eligibility for a license or recovery permit, shall consider each of the following criteria:
(1) The nature and severity of the act or offense.
(2) The license holder's or recovery permit holder's
criminal record in its entirety.
(3) The amount of time that has lapsed since the
commission of the act or offense.
(4) Whether the license holder or recovery permit
holder has complied with any terms of parole, probation, restitution, or any other sanctions lawfully imposed against him or her.
(5) If applicable, evidence of expungement
proceedings.
(6) Evidence, if any, of rehabilitation submitted by
the license holder or recovery permit holder.
(Source: P.A. 97-576, eff. 7-1-12.)
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Last modified: February 18, 2015