Does the IDFPR ever expunge or not disclose certain license disciplinary orders?

Does the IDFPR ever expunge or not disclose certain license disciplinary orders?

Does the Illinois Department of Financial and Professional Regulation (IDFPR) ever expunge or not disclose certain license disciplinary orders?  Can I apply to classify my disciplinary order as confidential?

Although investigations are generally confidential, formal disciplinary orders are public information.  Prior to 2018, these orders remained “on the record” and subject to public disclosure indefinitely, including on the IDFPR website or in response to a Freedom of Information Act request.  However, in 2018 a law was passed that permits licensees to file an Application to Classify Records as Confidential in certain types of offenses or actions. 

The law, found at 20 ILCS 2105/2105-207, permits a licensee to file an application to have the records classified as confidential, not for public release, and considered expunged for reporting purposes, for an offense of action relating to:

  1. failure to pay taxes;
  2. continuing education;
  3. failure to renew a license on time;
  4. failure to obtain or renew a certificate of registration or ancillary license;
  5. advertising;
    1. discipline based on criminal charges or convictions: 
      1. that did not arise from the licensed activity 
      2. that were dismissed or for which records have been sealed or expunged;
    2. past probationary status of a license issued to new applicants on the sole or partial basis of prior convictions; or 
  6. any grounds for discipline removed from the Medical Practice Act.

The applicant must submit a fee of $175 and must also meet the following conditions:

  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.

This law provides an “expungement” avenue for licensees who have received disciplines for some administrative and other orders in the past.  The full text of the law can be found here.

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ICS Staff

The Illinois Chiropractic Society staff works collaboratively on many topics to bring the most comprehensive and relevant information to our members. We have over 60 years of chiropractic experience and understand the heartbeat of the profession. We all look forward to providing relevant information to our members for years to come.

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