For individuals with a criminal record looking to pursue a healthcare career in Illinois, a Health Care Worker Waiver may be necessary. This waiver, issued by the Illinois Department of Public Health (IDPH), offers a path for those with past convictions to seek employment in healthcare settings.
If expungement or record sealing isn’t an option, another possible route is executive clemency, which involves seeking a pardon from the governor. This process requires submitting a petition to the Illinois Prisoner Review Board. Even if a pardon is granted, it does not automatically clear a record - separate steps must be taken for expungement.
Who Needs a Health Care Worker Waiver?
State law restricts certain individuals from working in healthcare without an approved waiver. Those who may need one include:
- Unlicensed healthcare workers, such as Certified Nursing Assistants (CNAs), home health aides, and personal care assistants
- Support staff who interact with patients, including custodians, food service workers, and transportation providers
- Students in healthcare training programs who have prior convictions
Licensed professionals, such as Registered Nurses (RNs) and Licensed Practical Nurses (LPNs), do not require a waiver.
Criminal Convictions That Impact Healthcare Employment
Some offenses require a waiver for employment, while others result in an automatic denial unless successfully appealed. Below is a general overview:
Misdemeanors That May Require a Waiver:
- Battery
- Assault
- Domestic battery
- Criminal trespass to residence*
- Retail theft*
- Theft*
- Unlawful use of a weapon (UUW)*
- Endangering the health or safety of a child*
*Some misdemeanor offenses may be eligible for record sealing after three years.
Felonies That Typically Require a Waiver:
- Burglary
- Arson
- Drug-related offenses
- Child abduction
- Forgery
- Home invasion
- Robbery
- Reckless discharge of a firearm
- Identity theft
- Vehicular hijacking
Convictions That Automatically Lead to a Denial (Must Be Appealed):
- Aggravated battery
- Armed robbery
- Child exploitation offenses
- Criminal sexual abuse or assault
- Kidnapping
- First- or second-degree murder
- Solicitation of murder
Since laws and requirements can change, checking the Illinois Department of Public Health website for the most up-to-date list is recommended.
How to Move Forward
If a past conviction is preventing you from pursuing a healthcare career, The Callahan Law Firm can help and discuss your possible options and what the process may look like. Contact us today to discuss your options.
