(225 ILCS 441/5-10)
    (Text of Section before amendment by P.A. 103-236)
    (Section scheduled to be repealed on January 1, 2027)
    Sec. 5-10. Application for home inspector license.
    (a) Every natural person who desires to obtain a home inspector license shall:
        (1) apply to the Department in a manner prescribed by the Department and accompanied by
    
the required fee; all applications shall contain the information that, in the judgment of the Department, enables the Department to pass on the qualifications of the applicant for a license to practice as a home inspector as set by rule;
        (2) be at least 18 years of age;
        (3) successfully complete a 4-year course of study in a high school or secondary school
    
or an equivalent course of study approved by the state in which the school is located, or possess a State of Illinois High School Diploma, which shall be verified under oath by the applicant;
        (4) personally take and pass a written examination and a field examination authorized by
    
the Department; and
        (5) prior to taking the examination, provide evidence to the Department that the
    
applicant has successfully completed the prerequisite classroom hours of instruction in home inspection, as established by rule.
    (b) The Department shall not require applicants to report the following information and shall not consider the following criminal history records in connection with an application for licensure or registration:
        (1) juvenile adjudications of delinquent minors as defined in Section 5-105 of the
    
Juvenile Court Act of 1987 subject to the restrictions set forth in Section 5-130 of that Act;
        (2) law enforcement records, court records, and conviction records of an individual who
    
was 17 years old at the time of the offense and before January 1, 2014, unless the nature of the offense required the individual to be tried as an adult;
        (3) records of arrest not followed by a charge or conviction;
        (4) records of arrest where the charges were dismissed unless related to the practice of
    
the profession; however, applicants shall not be asked to report any arrests, and an arrest not followed by a conviction shall not be the basis of denial and may be used only to assess an applicant's rehabilitation;
        (5) convictions overturned by a higher court; or
        (6) convictions or arrests that have been sealed or expunged.
    (c) An applicant or licensee shall report to the Department, in a manner prescribed by the Department, upon application and within 30 days after the occurrence, if during the term of licensure, (i) any conviction of or plea of guilty or nolo contendere to forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud, or any similar offense or offenses or any conviction of a felony involving moral turpitude, (ii) the entry of an administrative sanction by a government agency in this State or any other jurisdiction that has as an essential element dishonesty or fraud or involves larceny, embezzlement, or obtaining money, property, or credit by false pretenses, or (iii) a crime that subjects the licensee to compliance with the requirements of the Sex Offender Registration Act.
    (d) Applicants have 3 years after the date of the application to complete the application process. If the process has not been completed within 3 years, the application shall be denied, the fee forfeited, and the applicant must reapply and meet the requirements in effect at the time of reapplication.
(Source: P.A. 102-20, eff. 1-1-22; 102-1100, eff. 1-1-23.)
 
    (Text of Section after amendment by P.A. 103-236)
    (Section scheduled to be repealed on January 1, 2027)
    Sec. 5-10. Application for home inspector license.
    (a) Every natural person who desires to obtain a home inspector license shall:
        (1) apply to the Department in a manner prescribed by the Department and accompanied by
    
the required fee; all applications shall contain the information that, in the judgment of the Department, enables the Department to pass on the qualifications of the applicant for a license to practice as a home inspector as set by rule;
        (2) be at least 18 years of age;
        (3) successfully complete a 4-year course of study in a high school or secondary school
    
or an equivalent course of study approved by the state in which the school is located, or possess a State of Illinois High School Diploma, which shall be verified under oath by the applicant;
        (4) personally take and pass a written examination authorized by the Department; and
        (5) prior to taking the examination, provide evidence to the Department that the
    
applicant has successfully completed the prerequisite classroom hours of instruction in home inspection, as established by rule.
    (b) The Department shall not require applicants to report the following information and shall not consider the following criminal history records in connection with an application for licensure or registration:
        (1) juvenile adjudications of delinquent minors as defined in Section 5-105 of the
    
Juvenile Court Act of 1987 subject to the restrictions set forth in Section 5-130 of that Act;
        (2) law enforcement records, court records, and conviction records of an individual who
    
was 17 years old at the time of the offense and before January 1, 2014, unless the nature of the offense required the individual to be tried as an adult;
        (3) records of arrest not followed by a charge or conviction;
        (4) records of arrest where the charges were dismissed unless related to the practice of
    
the profession; however, applicants shall not be asked to report any arrests, and an arrest not followed by a conviction shall not be the basis of denial and may be used only to assess an applicant's rehabilitation;
        (5) convictions overturned by a higher court; or
        (6) convictions or arrests that have been sealed or expunged.
    (c) An applicant or licensee shall report to the Department, in a manner prescribed by the Department, upon application and within 30 days after the occurrence, if during the term of licensure, (i) any conviction of or plea of guilty or nolo contendere to forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud, or any similar offense or offenses or any conviction of a felony involving moral turpitude, (ii) the entry of an administrative sanction by a government agency in this State or any other jurisdiction that has as an essential element dishonesty or fraud or involves larceny, embezzlement, or obtaining money, property, or credit by false pretenses, or (iii) a crime that subjects the licensee to compliance with the requirements of the Sex Offender Registration Act.
    (d) Applicants have 3 years after the date of the application to complete the application process. If the process has not been completed within 3 years, the application shall be denied, the fee forfeited, and the applicant must reapply and meet the requirements in effect at the time of reapplication.
(Source: P.A. 102-20, eff. 1-1-22; 102-1100, eff. 1-1-23; 103-236, eff. 1-1-24.)