Know Your Rights | Open Communities

KNOW YOUR RIGHTS!

It is hard for people with arrest and conviction records to find the resources to build a successful future. It starts with Knowing Your Rights! Our "Know Your Rights" project, in partnership with Illinois Access to Justice, works within a network of organizations that can help with many issues caused by arrest records.

While we focus on housing at Open Communities, we understand that housing is only one need you might face after arrest and incarceration. There are many misconceptions regarding rights and remedies for justice-impacted individuals. Whether it is education, employment, or our specialty – housing, several reentry programs and resources are available.

Contact us or our partners listed below so that we can help you understand your rights and integrate you into our community. Some issues may require professional legal assistance.

HOUSING

Access to safe and affordable housing is critical. Like employment, rules, and rights differ depending on whether housing options are based on a subsidized (or government-regulated) program or from the private market. The Fair Housing Act and the Cook County Just Housing Amendment offer some protections for people with arrest and conviction records. We can help you understand your housing rights and secure housing.

Contact Open Communities at 847-501-5760 or intake@open-communities to schedule an appointment with our intake specialist. From there, we can determine whether you may benefit from housing counseling, fair housing services, or a referral to one of our partners. We specialize in delivering presentations on the Just Housing Amendment, so inquire with our Outreach and Education Coordinator, Claire Bacon (cbacon@open-communities.org), on whether we have any upcoming trainings.

HOUSING-RELATED RESOURCES FOR COMMUNITY MEMBERS WHO HAVE BEEN IMPACTED BY INCARCERATION:

Information on the Just Housing Amendment, which provides protections for people with conviction histories in housing contexts: https://www.cookcountyil.gov/content/just-housing-amendment-information-landlords

INFORMATION AND RESOURCES RELATING TO EVICTION IN CHICAGO:

https://www.chicago.gov/content/dam/city/depts/doh/covid/Eviction_Resources_Flyer_Fall-2021.pdf

Rentervention is a virtual housing assistant tool developed by Law Center for Better Housing. This service has a great deal of relevant support and information for tenants in a myriad of housing situations: https://rentervention.com/

Understanding the Cook County Residential Tenant Landlord Ordinance (RTLO) can help people understand their rights. Find Housing Action Illinois' RTLO resources here: https://housingactionil.org/what-we-do/advocacy/rental-affordability/rtlo/

If you have an eviction on your record, you may be eligible for sealing it, preventing providers from using this information against you. Illinois Legal Aid has more here: https://www.illinoislegalaid.org/legal-information/removing-eviction-case-my-record

HOUSING

CONTACT OPEN COMMUNITIES

HOUSING-RELATED RESOURCES

FOR COMMUNITY MEMBERS WHO HAVE BEEN IMPACTED BY INCARCERATION

Information on the Just Housing Amendment, which provides protections for people with conviction histories in housing contexts, may be viewed here.

INFORMATION AND RESOURCES RELATING TO EVICTION IN CHICAGO

UNDERSTANDING YOUR RIGHTS

Understanding the Cook County Residential Tenant Landlord Ordinance (RTLO) can help people understand their rights. Find Housing Action Illinois' RTLO resources here.

If you have an eviction on your record, you may be eligible for sealing it, preventing providers from using this information against you. Illinois Legal Aid has more here.

EMPLOYMENT & OCCUPATIONAL LICENSING

You have rights and remedies available even with an arrest or conviction record, from job applications to background checks to obtaining occupational licensing. There are state and federal protections around what private employers can and cannot consider in employment decisions.

UNDERSTAND YOUR PROTECTIONS

To better understand your protections as someone with a record who is applying for a job, explore the resources on the National Inventory of Collateral Consequences of Conviction.

EMPLOYMENT DENIAL

Local and statewide laws require many employers to do an interactive assessment before simply denying employment because of their record. Find more information on the Illinois State law here. Note that arrest records, juvenile records, and expunged and sealed records cannot be considered in an employment decision.

The City of Chicago has additional protections requiring employers to look at nine factors of a person's conviction history before denying them. Find info on the Chicago law here, or here.

ILLINOIS UNIFORM CONVICTION INFORMATION ACT

While you're at it, take some time to learn about the Illinois Uniform Conviction Information Act, which requires that the Illinois State Police only report on convictions in background checks rather than arrests or other types of outcomes like non-conviction supervision sentences. Find more here. The Safer Foundation also has excellent, comprehensive resources for returning citizens looking for employment.

FINDING A JOB

Are you currently looking for a job but having a hard time because of your record? Check out some of these resources:

1). Rebuilding Exchange Evanston. Rebuilding Exchange offers a paid Transitional Employment Program for individuals with barriers to employment (specifically formerly incarcerated folks).

2). Howard Area Community Center. Howard Area offers employment support programming for individuals with past convictions.

3). CTA Second Chance Program.

4). Second Chance Business Coalition. The Second Chance Business Coalition website lists different second chance employers on their website. They also have a searchable partner directory on the website.

EDUCATION

Education should be available to everyone, but myths about the application and financial aid process prevent people from applying. Criminal history might matter if the chosen profession has an absolute statutory barrier to employment. No one wants to see individuals put the time and effort into pursuing a career in which they are ineligible. But you should make sure there are barriers before disqualifying yourself.

FINANCIAL AID

From the Safer Foundation:

"Federal financial aid can only be denied if a person is convicted of a drug offense while receiving federal financial aid. All too often, people believe any drug conviction will pose a barrier. And even if a person is convicted of a drug offense while receiving financial aid, the ineligibility periods are graduated from the date of conviction and differentiated between possession and selling.

Even for an indefinite ineligibility period, a waiver can be granted by the sentencing judge if a person "successfully completes a qualified drug rehabilitation program or by passing two unannounced drug tests given by a qualified rehabilitation program."

COLLEGE APPLICATIONS

Over the last several years, advocates have pushed for legislation to "ban the box" on college applications. Similar to ban the box in employment, this effort has a goal to stop colleges from asking about conviction information on the application, which is found to deter people with criminal records from even applying. This is even though the U.S. Department of Education urged colleges and universities in 2016 to remove barriers to people with records by considering the chilling effect that the question has on prospective students."

Find more about the advocacy to change college admissions rules here, and here.

ADDITIONAL EDUCATION RESOURCES

1). Safer Foundation. Safer Foundation provides Youth High School Equivalency Diploma (HSED) programming, Adult HSED programming, and Adult Tutoring (available to currently incarcerated individuals and formerly incarcerated individuals).

2). Howard Area Community Center. Howard Area provides free Adult Education Programming.

3). Prison & Neighborhood Arts/Education Project (PNAP). PNAP has a Learning Fellows program sponsored by Northeastern Illinois University. PNAP also partners with NEIU on the University Without Walls program, a degree granting program for individuals incarcerated in Stateville Prison.

4). Education Justice Project. Check out their reentry guide on their website. They also have a scholarship program for formerly incarcerated folks.

VOTING

THE MYTH ABOUT VOTING

A common myth is that a person with a felony conviction is not entitled to vote in Illinois. That is not true – only while a person is incarcerated serving a sentence are they barred from voting. Once released and properly registered to vote, there is no bar based on a past conviction. After release, you can also serve on a jury and hold county, state, or federal office (but not municipal).

EXERCISING YOUR RIGHT TO VOTE

Do you have questions about exercising your right to vote? Check out some of these resource guides!

1). Chicago Votes Civic Education for Returning Citizens Curriculum.

2). ACLU Voting While Incarcerated Toolkit.

3). First Followers Voting Rights Fact Sheet (from A2J Resource Binder).

VOTER RIGHTS EDUCATION

Local support around voter rights education for individuals w/ justice system involvement:

1). Chicago Votes. Chicago Votes has an Unlock Civics program. This includes registering people in Cook County Jail to vote, engaging in voter education efforts with individuals impacted by incarceration, and local/statewide advocacy around this.

2). Safer Foundation. Safer is involved in voter registration efforts targeted toward individuals with records.

DRIVERS LICENSES

Being able to drive lawfully expands your job opportunities. Some jobs may not be easily accessible via public transportation, and others may require a valid driver's license to do the job. The Illinois License to Work Act prevents the state from suspending your license for many reasons, including failure to pay parking or vehicle compliance tickets. The Act also reinstates driving privileges if your license is suspended or revoked for any of the reasons listed under the law.

LICENSE REINSTATEMENT

Licenses may not automatically be reinstated if the reason for the suspension was one not covered under the License to Work Act. To check the status of your license, contact the Secretary of State to:

Update your address with the Secretary online or in person (ilsos.gov/addrchange)
Look for a notice from the Secretary of State and
Call the Secretary of State's automated phone number to determine if your license is valid (217) 782-3720.

If you need support reinstating your license, contact a legal aid organization (such as Legal Aid Chicago) to evaluate your legal options.

Legal Aid Chicago.

CRIMINAL RECORDS RELIEF

Illinois has many ways to alleviate the barriers posed by arrest and conviction records. A criminal record combines police and court records, and you need to obtain both to move forward with expungement or sealing. How to proceed is based on your goals and what is on your criminal record.

CRIMINAL RECORDS RELIEF RESOURCES

Do you have questions about criminal records relief? These resources are an excellent place to start!

1). Illinois Legal Aid Online

2). Cabrini Green Legal Aid

3). Westside Justice Center

4). Moran Center

5). Legal Aid Chicago

6). Beyond Legal Aid

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KNOW YOUR RIGHTS!

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