Section 1240.525 Refusal to Issue Employee Registration Card or Firearm Control Card Due to Criminal History Record Information

Section 1240.525  Refusal to Issue Employee Registration

Card or Firearm Control Card Due to Criminal History Record Information

a)         For

purposes of this Section, criminal history record information is defined as

information collected by criminal justice agencies (defined in 20 ILCS 2630) on

individuals consisting of identifiable descriptions and notation of arrests,

detention, indictments, information, or other formal criminal charges, and any

disposition arising from those charges, sentencing, correctional supervision

and release.  The individual records must contain both information sufficient

to identify the subject of the record and notations regarding any formal

criminal justice transaction involving the identified individual.

b)         In

determining whether an applicant for a permanent employee registration card or

firearm

control

card is unfit for such registration because of criminal

history record information, the Division shall consider the following

standards:

1)         Whether

the crime was one of armed violence or any two or more repeated acts of

violence towards persons or property [720 ILCS 5/Art. 33A] or:

A)        Crimes

involving dishonesty, false statement or some other element of deceit,

untruthfulness or falsification (including, but not limited to perjury,

inducement of perjury, false statement, criminal fraud, embezzlement, false

pretense, forgery, counterfeiting and theft).

B)        Drug

offenses including, but not limited to, the Illinois Controlled Substances Act

[720 ILCS 570/Art. I] and Federal Drug Enforcement Laws (21 USC 801 et seq.).

C)        Sex

offenses including, but not limited to, all crimes listed in Article 11 of the

Criminal Code of 1961 [720 ILCS 5/Art. 11].

2)         Whether

the crime is related to the detective, security, alarm or locksmith  profession.

3)         Whether

more than 10 years have elapsed since the date of completion of imposed

sentence

I] and Federal Drug Enforcement Laws (21 USC 801 et seq.).

C)        Sex

offenses including, but not limited to, all crimes listed in Article 11 of the

Criminal Code of 1961 [720 ILCS 5/Art. 11].

2)         Whether

the crime is related to the detective, security, alarm or locksmith  profession.

3)         Whether

more than 10 years have elapsed since the date of completion of imposed

sentence.

4)         Whether

the conviction was from a city ordinance violation or conviction for which a

jail sentence was not imposed.

5)         Whether

the applicant has been sufficiently rehabilitated to warrant the public trust.

The Division shall consider, but not be bound by, the following in considering

whether an applicant has been presumed to be rehabilitated:

A)        Completion

of probation;

B)        Completion

of parole supervision; or

C)        If no

parole was granted, a period of 10 years has elapsed after final discharge or

release from any term of imprisonment without any subsequent conviction.

c)         If

any one of the following factors exists, this outweighs the presumption of

rehabilitation as defined in subsection (b)(5):

1)         Lack

of compliance with terms of punishment (i.e., failure to pay fines or make

restitution, violation of the terms of probation or parole);

2)         Unwillingness

to undergo, or lack of cooperation in, medical or psychiatric

treatment/counseling;

3)         Falsification

of an application for registration with the Division;

4)         Failure

to furnish to the Division additional information or failure to appear for a

conference with the Division in relation to the applicant's application for

registration

probation or parole);

2)         Unwillingness

to undergo, or lack of cooperation in, medical or psychiatric

treatment/counseling;

3)         Falsification

of an application for registration with the Division;

4)         Failure

to furnish to the Division additional information or failure to appear for a

conference with the Division in relation to the applicant's application for

registration.

d)         The

following criminal history records shall not be considered in connection with

an application for registration:

1)         Juvenile

adjudications;

2)         Records

of arrest not followed by a conviction;

3)         Convictions

overturned by a higher court;

4)         Convictions

that have been the subject of a pardon or expungement.

e)         If

determination is made that the applicant is unfit for registration, the

applicant shall be notified in writing that the Division intends to deny or

intends to refuse to renew the permanent employee registration card or firearm

control

card.  The applicant/licensee shall be given an opportunity to appear at a Division

conference regarding the matter.  Failure to appear at the conference shall

result in the denial or the refusal to renew an applicant's permanent employee

registration card or firearm

control

card.  If the applicant chooses not

to attend the conference, he/she may request a formal hearing regarding the

determination prior to final action by the Division in accordance with 68 Ill.

Adm. Code 1110.