{"data":{"id":"us-il/730-ilcs-5-5-5-5","jurisdiction":"us-il","citation":"730 ILCS 5/5-5-5","heading":"Loss and restoration of rights.","body":"(a) Conviction and disposition shall not entail the loss by the defendant of any civil rights, except under this Section and Sections 29-6 and 29-10 of The Election Code, as now or hereafter amended.\n(b) A person convicted of a felony shall be ineligible to hold an office created by the Constitution of this State until the completion of his sentence.\n(b-5) Notwithstanding any other provision of law, a person convicted of a felony, bribery, perjury, or other infamous crime for an offense committed on or after the effective date of this amendatory Act of the 103rd General Assembly and committed while he or she was serving as a public official in this State is ineligible to hold any local public office or any office created by the Constitution of this State unless the person's conviction is reversed, the person is again restored to such rights by the terms of a pardon for the offense, the person has received a restoration of rights by the Governor, or the person's rights are otherwise restored by law.\n(c) A person sentenced to imprisonment shall lose his right to vote until released from imprisonment.\n(d) (Blank).\n(e) Upon a person's discharge from incarceration or parole, or upon a person's discharge from probation or at any time thereafter, the committing court may enter an order certifying that the sentence has been satisfactorily completed when the court believes it would assist in the rehabilitation of the person and be consistent with the public welfare. Such order may be entered upon the motion of the defendant or the State or upon the court's own motion.\n(f) Upon entry of the order, the court shall issue to the person in whose favor the order has been entered a certificate stating that his behavior after conviction has warranted the issuance of the order.\n(g) This Section shall not affect the right of a defendant to collaterally attack his conviction or to rely on it in bar of subsequent proceedings for the same offense.\n(h) No application for any license specified in subsection (i) of this Section granted under the authority of this State shall be denied to an eligible offender who has obtained a certificate of relief from disabilities, as defined in Article 5.5 of this Chapter, having been previously convicted of one or more criminal offenses, when the finding is solely based upon the fact that the applicant has previously been convicted of one or more criminal offenses, unless:\n(1) there is a direct relationship between one or more of the previous criminal offenses and the specific license sought;\n(2) the issuance of the license would involve an unreasonable risk to public safety and to the practice of the applicable profession; and\n(3) the applicant meets any other limitations or factors detailed in the applicable professional Act.\nIn making such a determination, the licensing agency, in addition to its own requirements, may consider the following factors:\n(1) the public policy of this State, as expressed in Article 5.5 of this Chapter, to encourage the licensure and employment of persons previously convicted of one or more criminal offenses;\n(2) the specific duties and responsibilities necessarily related to the license being sought;\n(3) the bearing, if any, the criminal offenses or offenses for which the person was previously convicted will have on his or her fitness or ability to perform one or more such duties and responsibilities;\n(4) the time which has elapsed since the occurrence of the criminal offense or offenses;\n(5) the age of the person at the time of occurrence of the criminal offense or offenses;\n(6) the seriousness of the offense or offenses;\n(7) any information produced by the person or produced on his or her behalf in regard to his or her rehabilitation and good conduct, including a certificate of relief from disabilities issued to the applicant, which certificate shall create a presumption of rehabilitation in regard to the offense or offenses specified in the certificate; and\n(8) the legitimate interest of the licensing agency in protecting property, and the safety and welfare of specific individuals or the general public.\n(i) A certificate of relief from disabilities shall be issued for a license or certification issued under the following Acts, as well as all professional Acts regulated by the Division of Professional Regulation and the Division of Real Estate of the Department of Financial and Professional Regulation:\n(1) the Animal Welfare Act; except that a certificate of relief from disabilities may not be granted to provide for the issuance or restoration of a license under the Animal Welfare Act for any person convicted of violating Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of the Humane Care for Animals Act or Section 26-5 or 48-1 of the Criminal Code of 1961 or the Criminal Code of 2012;\n(2) the Illinois Athletic Trainers Practice Act;\n(3) the Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act of 1985;\n(4) the Boiler and Pressure Vessel Repairer Regulation Act;\n(5) the Boxing and Full-contact Martial Arts Act;\n(6) the Illinois Certified Shorthand Reporters Act of 1984;\n(7) the Illinois Farm Labor Contractor Certification Act;\n(8) the Registered Interior Designers Act;\n(9) the Illinois Professional Land Surveyor Act of 1989;\n(10) the Landscape Architecture Registration Act;\n(11) the Marriage and Family Therapy Licensing Act;\n(12) the Private Employment Agency Act;\n(13) the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act;\n(14) the Real Estate License Act of 2000;\n(15) the Illinois Roofing Industry Licensing Act;\n(16) the Professional Engineering Practice Act of 1989;\n(17) the Water Well and Pump Installation Contractor's License Act;\n(18) the Electrologist Licensing Act;\n(19) the Auction License Act;\n(20) the Illinois Architecture Practice Act of 1989;\n(21) the Dietitian Nutritionist Practice Act;\n(22) the Environmental Health Practitioner Licensing Act;\n(23) the Funeral Directors and Embalmers Licensing Code;\n(24) (blank);\n(25) the Professional Geologist Licensing Act;\n(26) the Illinois Public Accounting Act; and\n(27) the Structural Engineering Practice Act of 1989.\nFailure to obtain a certificate of relief from disabilities shall not be the sole reason for denial of a license specified in this subsection.","path":["CHAPTER 730 CORRECTIONS","Unified Code of Corrections."],"source_url":"https://www.ilga.gov/legislation/ILCS/details?ActID=1999\u0026ChapterID=55\u0026ChapAct=FullText\u0026Print=True","current_through":"at least Public Act 104-790","vintage":"","retrieved_at":"2026-09-15T04:46:42Z","sha256":"2326c12cd1f2150ff81cb10ed7fc7bb9fcf227eed23a8abe759825bd199ed46e","source_id":"us-il","stale":false,"prev":"us-il/730-ilcs-5-5-5-4.3","next":"us-il/730-ilcs-5-5-5-6"},"notice":"GroundRules: Original legal text. Not legal advice."}