Certificate of Good Conduct
If you are ineligible for sealing or expungement of your criminal record in Illinois, you may be eligible for a Certificate of Good Conduct. A Certificate of Good Conduct prohibits an employer from being held liable, both civilly and criminally, for any act or omission by an employee. Therefore, a prospective employer may be more willing to hire you for the job, despite your criminal record. An employer would still be liable for its willful or wanton act in hiring the employee who was issued a Certificate of Good Conduct.
A Certificate of Good Conduct, issued by a judge, shows your prospective employer that the Court has determined there is clear and convincing evidence you are a fully rehabilitated, law-abiding citizen and:
- You have not been convicted of more than two felonies
- You have not been convicted of any of the following offenses or attempted offenses:
- Sex Offender Registration Act
- Arsonist Registration Act
- Child Murderer and Violent Offender Against Youth Registration Act
- Class X Felony
- Aggravated DUI
- Aggravated Domestic Battery
- Forcible Felony
To be issued a Certificate of Good Conduct, the court must make a specific determination of rehabilitation “with the force and effect of a final judgment on the merits” 730 ILCS 5/5-5.5-30. In order to make this specific finding, the Court must be satisfied that:
- You have conducted yourself in a manner warranting the issuance of a Certificate of Good Conduct for a minimum period of time. This minimum period depends on the most serious crime for which you were convicted. For example, if the most serious crime for which you were convicted was a misdemeanor, the minimum period is one year. If the most serious crime for which you were convicted was a Class 1, 2, 3, or 4 felony, the minimum period is two years.
- The relief to be granted is consistent with your rehabilitation
- The relief to be granted is consistent with the interest of the public
A Certificate of Good Conduct may be revoked by the Circuit Court if you receive a subsequent conviction.
A Certificate of Good Conduct does not:
- Prevent your prospective employer from accessing your criminal record.
- Relieve you from prohibited employment in a law enforcement agency due to your conviction.
- Prevent a judicial proceeding, administrative or license board or authority from considering the conviction that is specified in the certificate.
If you are interested in obtaining a Certificate of Good Conduct in Illinois, contact the attorneys at The Davis Law Group, P.C.. Our attorneys represent clients seeking a Certificate of Good Conduct throughout Cook, Lake and DuPage counties.