Time to Clear Your Record — Reclaim Your Name and Expunge Your IDFPR Disciplinary Actions

Have you been disciplined by the Illinois Department of Financial and Professional Regulation? Past professional discipline can be like a cloud hanging over your career, even if the disciplinary issue was relatively minor.

Types of IDFPR Discipline

There are a number of different kinds of discipline including:

Reprimand

A reprimand is an official public record of discipline but does not restrict the licensee’s ability to practice. The licensee may have to fulfill additional requirements or conditions based on the individual situation.

Probation

Licensees placed on probation are permitted to practice subject to certain terms and conditions which vary depending on case circumstances. Licensees will usually work with the IDFPR’s Probation Compliance Unit during this time.

License Suspension

A suspended license means you are prohibited from practicing during a select time frame. Many licensees may have their license suspended and then be put on probation.

Summary or Temporary Suspension

When a licensee’s continuation in practice poses an imminent danger to the public, the IDFPR may take immediate action by summarily or temporarily suspending a license. The license remains suspended pending a hearing on the case within a required statutory time frame. Summarily or temporarily suspended licensees are prohibited from practice immediately upon being served by the IDFPR.

License Revocation

Licensees are prohibited from practice while their licenses are revoked. If no term is stated, a licensee must wait a minimum of three (3) years to be eligible to file a Petition for Restoration. In limited instances, a license may be permanently revoked and is ineligible for restoration.

Refuse to Renew

Licensees who are refused renewal are ineligible to renew their license and are prohibited from practice after the expiration of the date of their license. A licensee who has been refused renewal may file a Petition for Restoration.

Relinquished, Surrendered, or Permanent Inactive

These terms may or may not be considered discipline; however, a licensee in one of these statuses is not currently authorized to practice in Illinois. License lookup will indicate whether or not the status is disciplinary.

Fines

Fines are disciplinary actions and may be issued in conjunction with one of the above disciplines.

IDFPR Sanctions are Generally Public Records

IDFPR’s sanctions and in some cases consent decrees or settlement agreements are generally public records. If your license has been disciplined, this information is very easily obtained by potential employers, patients, and clients, as well as potential business partners, by a simple search of the IDFPR website or by Google.

Every month, IDFPR publishes a list of all of the disciplinary sanctions it has imposed in the IDFPR Consolidated Reports.

Expunging IDFPR Discipline: How to Have Your Record Classified as Confidential

When disciplinary action is taken by IDFPR, a licensee may file an application to have the record classified as confidential. Only actions relating to one of the following offenses may be eligible for expungement:

• failure to pay taxes;
• not completing the required continuing education;
• failure to renew a license on time;
• failure to obtain or renew a certificate of registration or ancillary license;
• discipline relating to advertising;
• discipline based on criminal charges or convictions:
  • that did not arise from the licensed activity and was unrelated to the licensed activity; or
  • that were dismissed or for which records have been sealed or expunged;
  • past probationary status of a license issued to new applicants on the sole or partial basis of prior convictions;
• any grounds for discipline removed from the Licensing Act.

Applications for expungement may then only be submitted if the following criteria are met:

1. the application is submitted more than 3 years after the disciplinary offense or offenses occurred or after restoration of the license, whichever is later;
2. the licensee has had no incidents of discipline under the licensing Act since the disciplinary offense or offenses identified in the application occurred;
3. the Department has no pending investigations against the licensee; and
4. the licensee is not currently in a disciplinary status.

If you think you meet the test and would like assistance in getting your record cleared,  contact 1818 and we can assist you in filling out the right paperwork. We offer extensive services for IDFPR licensees.

The information in this blog post is provided for informational purposes only and is not intended to be legal advice. You should not make a decision whether or not to contact an attorney based upon the information in this blog post. No attorney-client relationship is formed nor should any such relationship be implied. If you require legal advice, please consult with an attorney licensed to practice in your jurisdiction.