Loss and Restoration of Civil Rights After a Criminal Conviction in Illinois

Getting convicted of a crime in Illinois can result in the loss of certain civil rights and privileges. However, in many cases, these rights can be restored after completing your sentence. This article provides an overview of the civil rights impacted by a conviction, how they can be lost, and the process for restoring them in Illinois.

Voting Rights

The right to vote is one of the most fundamental civil rights. However, in Illinois, you lose the right to vote if convicted of a felony or misdemeanor and sentenced to imprisonment[1]. Voting rights are automatically restored upon release from confinement[1].

So if you were convicted of a felony or misdemeanor and spent time in jail or prison, you cannot vote while incarcerated. But once released, your right to vote is restored without needing to apply or petition the court[2]. This allows people with criminal records to participate in elections once they complete their sentence.

Right to Hold Public Office

A felony conviction also results in losing the right to hold public office in Illinois[3]. This disqualification remains unless pardoned by the governor or otherwise relieved of the disability by law[4].

So if you want to run for public office after a felony conviction, you need a pardon or legal action restoring your eligibility. In 2021, the Illinois legislature clarified the governor’s power to pardon federal convictions when it comes to holding municipal office[1]. A pardon from the governor would remove this collateral consequence of a conviction[5].

Firearm and FOID Card Rights

In Illinois, people convicted of a felony or juvenile adjudication automatically lose their Firearm Owner’s Identification (FOID) card and the ability to legally possess firearms[3]. However, you may petition to have your FOID card reinstated by the Illinois State Police or a court in limited circumstances[3].

• To qualify for FOID reinstatement after a conviction, you must[3]:
  • Not have any forcible felony convictions in the last 20 years
  • Show you are not likely to act in a dangerous manner
  • Demonstrate that restoring your rights would not threaten public safety
  • Prove that restoration does not violate federal law

If successful, petitioning for FOID reinstatement can restore your Second Amendment right to bear arms. But the process is complex, so consulting an experienced criminal defense lawyer is highly recommended.

Professional and Business Licenses

Losing professional or business licenses is another collateral consequence of a conviction in Illinois. Licenses granted by the state for professions like medicine, accounting, cosmetology and more are revoked when convicted of a crime[1].

However, most licenses are automatically restored once you complete your criminal sentence, unless there are specific findings against you[1]. This allows people with convictions to continue working in their profession after serving their time. But for some licenses, you may need to reapply or petition to have it reinstated after a conviction.

Parental Rights

A conviction can also impact parental rights if it shows you pose a risk or are unable to care for a child. In Illinois, past criminal charges or convictions can be used as evidence in custody, visitation, and adoption cases[6]. But there are protections in place requiring judges to consider the full context of your conviction before using it to impact your parental rights.

Getting your record expunged can help prevent past convictions from being used against you in family court. An expungement seals the criminal record from public view. While expunged records can still be accessed by law enforcement, judges may give less weight to hidden records compared to public ones.

Housing Discrimination

Landlords in Illinois are restricted from automatically denying housing applications based solely on criminal records. The Cook County Just Housing Ordinance prevents property owners from using conviction records to reject applicants unless their crime poses a demonstrable risk.

So while a past conviction may still impact your ability to rent, landlords must assess applicants on a case by case basis instead of outright banning anyone with a record. An expungement can further improve your chances by sealing offenses from background checks.

Employment Discrimination

One of the biggest barriers faced by people with convictions is finding stable employment. But in 2021, Illinois passed the Workplace Transparency Act which added protections against employment discrimination based on criminal records.

This law prohibits employers from using a conviction record to fire or refuse to hire someone, unless:

• There is a substantial relationship between the conviction and job duties
• Employing the person would create an unreasonable safety risk

Employers must also provide written notification explaining their reasoning before taking action based on a criminal record. These requirements help ensure people with records are evaluated fairly and individually when applying for jobs instead of being automatically rejected.

Juvenile Record Sealing

Many juvenile records can be sealed in Illinois once the minor turns 17 years old. Sealing juvenile records makes them inaccessible to the public and most private background checks. Only law enforcement agencies and a few other organizations can still access sealed juvenile records.

So while sealing a juvenile record does not erase it entirely, it does eliminate the public stigma and collateral consequences associated with a publicly available criminal history. Sealing juvenile records helps give youth a clean slate and second chance after making mistakes.

Expungement

One option that does erase a criminal record entirely is expungement. Under Illinois law, many criminal records can be expunged for cases like:

• Acquittals
• Dismissals
• Certain non-violent misdemeanors and felonies

When a record is expunged in Illinois, it is essentially deleted and treated as if the arrest or conviction never happened. Very few organizations can still access expunged records.

Expungement removes the public record that causes many of the collateral consequences discussed. With an expunged record, you can legally answer that you do not have a conviction. Expungement provides the clean slate needed to overcome many barriers to jobs, housing, licenses and other rights.

Clemency and Pardons

For serious convictions not eligible for expungement in Illinois, clemency is an alternative option. The Illinois Prisoner Review Board and Governor make clemency decisions on a case-by-case basis.

A pardon from the Governor of Illinois restores various civil rights lost due to a conviction. Rights restored by a pardon include[5]:

• Voting
• Holding public office
• Serving on a jury
• Possession of firearms

Pardons show that the Governor has forgiven the past crime and deemed the individual worthy of regaining full civil rights. While pardons do not delete the record like expungement, they help remove collateral consequences by restoring rights.

Conclusion

Losing civil rights and privileges is an unfortunate collateral consequence of criminal conviction in Illinois. Thankfully, the law also provides processes for restoring many of these rights after completing your sentence. Voting rights are automatically restored upon release from prison in Illinois. Professional licenses are typically reinstated after finishing a sentence as well. Firearm rights, public office eligibility and other privileges can be restored through pardons, petitions or court processes. Record expungement and sealing of juvenile records can also help remove collateral consequences and discrimination stemming from a criminal history. With the right legal guidance, individuals with convictions can regain many of their lost civil rights and privileges in Illinois.