Did you know that if you hold an Illinois Permanent Employee Registration Card (PERC) and get arrested, you must report it to your licensing board? Many are unaware of PERC card holders arrest reporting requirements, but it is true. Failing to report an arrest or conviction may result in discipline and possibly even the loss of your card. In fact, in one year, 146 PERC holders faced discipline for not reporting an arrest or conviction, showing that many PERC holders don’t know this rule.
This article explains the details of this rule for PERC holders and how you can ensure you meet the reporting requirement. If you have more questions about your professional license after reading, call us at (312) 779-1818 or fill out our online contact form to speak with an expert professional license defense attorney. Learn more about what my representation can do for you. Contact me today. I have the resources and experience to help you fulfill your license requirements and, if necessary, get your license and career back on track.
Ignorance of the Law Is No Defense for PERC Holders
The Illinois Department of Financial and Professional Regulation (IDFPR) regulates all PERC holders.
Unfortunately, when it comes to the mandatory reporting rule on arrests and convictions, IDFPR does not show leniency if a PERC holder is unaware of the requirement.
Section 1240.540(a) in the Illinois Administrative Code related to PERC holders’ states:
All licensees and registrants shall notify the Division in writing within 30 days after any convictions, arrests, felony information, and/or indictments against him or her and shall provide a copy of that notification to his or her current employer, if any.
In simple terms, you have 30 days to report – in writing – to IDFPR and your employer if you were arrested, indicted, convicted, or received felony information. IDFPR even provides a form, the Thirty Day Arrest & Conviction Reporting Form, which you can use to report the incident. (Click here to see the form).
Why Do I Need to Report an Arrest?
Although an arrest is not proof of wrongdoing, IDFPR requires you to report both arrests and convictions within 30 days. The reason for including arrests in the reporting requirement remains unclear, but it is the current law.
Interestingly, in early 2019, IDFPR proposed amendments to various licensure regulations. One proposed change aimed to limit the reporting requirement to convictions only. However, this amendment has yet to become law.
Does a Conviction for a Traffic Offense Need to be Reported?
Certain traffic offenses qualify as criminal offenses in Illinois. For example, driving with a revoked license, reckless driving, and driving under the influence are considered criminal offenses.
If you’re unsure whether a traffic offense qualifies as a criminal conviction for reporting purposes, you should err on the side of disclosure. It is better to inform IDFPR of the incident and let the licensing board decide whether it’s serious than to risk not reporting it.
What Happens If I Fail to Report an Arrest or Conviction?
Failing to comply with the 30-day mandatory reporting rule can lead to disciplinary action. IDFPR may impose penalties ranging from probation to suspension or revocation of your registration card.
Your job depends on having a valid registration card. Don’t jeopardize it by failing to meet the 30-day reporting requirement.
If you face issues related to your PERC card, seek help from an attorney who regularly works with IDFPR.
Get an Experienced IDFPR Attorney to Help You
If you are an Illinois licensee and have an issue with IDFPR, finding a lawyer with IDFPR experience is crucial. Our experienced professional license-defense attorneys can help you effectively navigate the legal process, protect your rights, and advocate for your best interests.
Don’t risk your license and livelihood; call us at (312) 779-1818 or fill out our online contact form for further assistance and expert advice.
