# 68 Ill. Adm. Code 1240.525: Section 1240.525 Refusal to Issue Employee Registration Card or Firearm Control Card Due to Criminal History Record Information

> Illinois · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T68_P1240_S1240_525

## Section

- **Citation:** 68 Ill. Adm. Code 1240.525
- **Heading:** Section 1240.525 Refusal to Issue Employee Registration Card or Firearm Control Card Due to Criminal History Record Information
- **Jurisdiction:** Illinois
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Illinois Administrative Code / Title 68 PROFESSIONS AND OCCUPATIONS / CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION / Part 1240 PRIVATE DETECTIVE, PRIVATE ALARM, PRIVATE SECURITY, FINGERPRINT VENDOR, AND LOCKSMITH ACT OF 2004 / Section 1240.525 Refusal to Issue Employee Registration Card or Firearm Control Card Due to Criminal History Record Information

## Text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T68_P1240_S1240_525. Check the current official text before relying on it. Not legal advice.
