Can You get a cdl with a felony in Illinois?

Can You Get a CDL with a Felony in Illinois?

Getting a Commercial Driver’s License (CDL) is essential for individuals who wish to drive a large rig or transport goods over a significant distance. However, some individuals may have felony convictions on their record, leading to uncertainty about whether they can obtain a CDL. In Illinois, the answer to this question is complex, with varying consequences depending on the specific felony conviction.

Federal and State Regulations

In the United States, the Federal Motor Carrier Safety Administration (FMCSA) is responsible for regulating CDL applications and issuance. Under FMCSA guidelines, CDL applicants with a felony conviction may face challenges or denial of their CDL application. However, these regulations are augmented by individual state laws and policies, including Illinois’.

The Illinois Secretary of State’s Office (SOA) has established guidelines for CDL applications from individuals with felony convictions. According to Illinois state law, Felons convicted of crimes of violence or crimes that result in significant bodily harm or risk to life, cannot operate a CDL-affected vehicle, as defined in the Commercial Truck and Bus Safety Administration Act (Ill. Rev. Stat. Ch. 95, sec. 18C-5000 et seq.) unless they obtain a pardon, certificate of rehabilitation, or a finding that they have been restored to good moral character (Public Act 096-1132).

Felony Categories for CDL Application

When considering CDL applications, the Illinois SOA uses a two-part framework to evaluate an individual’s suitability for a CDL based on their felony convictions. The categories include:

Category I: Crimes involving violence or physical harm
• Crimes involving actual or attempted assault
• Rape
• Sexual abuse or battery
• Burglary
• Home invasion
• Murder, attempted murder, or assault with a deadly weapon
• Gang-related or organized crime-related felonies

Category II: Crimes that may raise public safety concerns

• Theft (larceny, forgery, fraud, etc.)

• Drug offenses

• Illegal weapon or gang activity

• DWI/DUI offenses (repeat offenders)

The distinction between these categories has significant consequences for CDL application.

Consequences of a CDL Denial due to a Felony

A CDL application can be denied based on a felony conviction under Category I or Category II. Denial means that the applicant cannot receive a CDL-affected vehicle operator’s license until they meet specific eligibility requirements, as defined in the Commercial Truck and Bus Safety Administration Act. Specifically:

* An individual with a felony conviction under **Category I** will be **permanently barred from holding a CDL**.

* An individual with a felony conviction under **Category II** will **need to wait at least five years** after their sentence's completion (parole or probation) and obtain **a letter from the FBI verifying they are in good standing**.

Additionally, a CDL applicant may need to disclose the felony conviction when renewing or updating their driver’s license, in compliance with federal and state laws.

Pardons and Restoration of Rights

There are instances where individuals can petition for pardons, certificates of rehabilitation, or restoration of their good moral character, potentially leading to a further CDL eligibility. For a felony conviction to be deemed eligible for pardon under Illinois state law:

1. The offense did not result in death, great bodily harm, or permanent disfigurement.
2. More than five years have passed since the felony sentence’s completion.
3. The applicant has demonstrated a substantial effort towards rehabilitation, as evaluated by the Governor or designated clemency panel.

Alternatively, a CDL applicant can pursue certificate of rehabilitation from the courts, providing documentation showing that they have demonstrated rehabilitation.

Conclusion

While individuals with felony convictions face specific challenges when applying for a CDL in Illinois, the consequences depend on the severity of the offense. Individuals with Category I convictions (crimes of violence) are generally barred from holding a CDL. In contrast, those with Category II convictions (non-violent felonies) must wait a specific period or demonstrate good standing.

When applying for a CDL, individuals should consider these regulations, guidelines, and potential alternatives for overcoming a CDL denial due to a felony conviction. Additionally, employers and organizations handling transportation activities should ensure they adhere to federal and state regulations.

For CDL applicants, understanding these complexities and working closely with regulatory agencies and professionals will increase the likelihood of securing a CDL-affected vehicle operator’s license despite felony convictions.

It’s always best to consult the relevant authorities, including the Illinois Secretary of State’s Office, and obtain the necessary guidance for specific cases before making an application for a CDL with a felony conviction in Illinois.