I am sure this will be a very merry Christmas and happy New Year for those 38 deserving individuals. Congratulations and happy holidays!
This Christmas Eve, Illinois Governor Pat Quinn decided on more executive clemency petitions by granting 38 and denying an additional 129. All 38 clemency petitions came in the form of pardons with authorization to expunge them from their criminal record. Since taking office, Governor Quinn has now acted on 2,815 clemency petitions, granting 1,032.
I am sure this will be a very merry Christmas and happy New Year for those 38 deserving individuals. Congratulations and happy holidays!
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Yesterday, Illinois Governor Pat Quinn decided on 189 executive clemency petitions, granting 65 of them. This is Governor Quinn's first batch of decisions released since March. This batch came from dockets ranging from 2004-2012. As is typically the case, the considerable majority of the clemency decisions come in the form of pardon with authorization to expunge.
Including yesterday's decisions, Governor Quinn has now acted on 2,648 clemency petitions, granting 994. While Quinn has worked through most the petition backlog that built up under former governor Rod Blagojevich, there are still some left over as this latest batch indicates. Congratulations to all of those who received pardons and will now be able to seek expungements! For most of you, the wait was long and difficult, but now you may finally move forward in your lives without the burden of a criminal record. We must also extend our gratitude to Governor Quinn for realizing the importance of giving a second chance to those who have earned it! By now you’ve probably heard at least one story of someone who was released from prison after serving time – sometimes many years – for a crime they didn’t commit. The exonerations often come through updated DNA tests and the diligent efforts of Innocence Project groups. This work is certainly commendable. Although it must be a huge relief for individuals to have their conviction overturned, many may not realize that their criminal record still remains.
As the New York Times has reported, exonerated individuals often have a hard time assimilating back into society. In particular, it’s difficult to find a job. Unfortunately, many employers discard all applicants who have anything on their criminal record, regardless of the severity of the offense or whether the charges resulted in a conviction. The best way to improve your chances is to request that your state expunge the case from your record. Some states have difficult requirements for getting a record cleared. In Alaska, for example, you actually have to prove your innocence in order to get a record sealed. This is a bigger hurdle than proving the state did not have sufficient evidence to convict. Thankfully, in Illinois, it’s a relatively quick and straightforward process to get your record expunged after you’ve been exonerated. If your case occurred in Illinois, contact us at the Bryant Chavez Law Office for a free consultation. In the course of my work helping individuals to have their criminal records cleared, I’ve become very familiar with the reasons people seek expungement or sealing. Some simply seek the satisfaction of clearing their name, for their own peace of mind. Some are ashamed of labels like “ex-felon” or “criminal” and would like to serve as a better model for their family. However, the vast majority of people I speak with are seeking a clean record for one primary reason: better job opportunities. Employment is the biggest hurdle people face when they have a black mark from their past holding them back.
Criminal background checks are now used more than ever. This is partly because of the proliferation of computerized recordkeeping (making the checks easier to conduct), but they’ve also been used to a greater extent since 9/11 due to increased security concerns. Add to the mix the recession of the past few years, and employers are quick to use criminal records as an easy first filter on a pool of applicants. When they see that someone has checked “the box” that indicates a criminal past, that person is discarded. A criminal record destroys the candidate’s chances. Thankfully, lawmakers in Springfield have been showing they are aware of these challenges, and are crafting legislation aimed to help. The recent Illinois law that expands eligibility for sealing means a faster process for some who were previously only eligible to request a Governor’s pardon. Expunging or sealing a criminal record greatly helps ex-offenders to find employment and get their lives on track. But in order to prove rehabilitation to the State, there is a mandatory waiting period for an expungement or sealing. This means someone has to wait several years after the completion of their case before clearing their record. In the time immediately following their release, ex-offenders often have a very difficult time finding a job. A new Illinois bill addresses this challenge. The proposed law would award a tax credit to employers who hire an ex-offender within three years of his release from an Illinois correctional center. The bill passed the State Senate in March, and is currently making its way through the House. Our state representatives apparently recognize that when recent offenders struggle, they’re not contributing to their communities and the likelihood of recidivism is much higher. If enacted, this new law would benefit us all. Together with the expanded sealing law, these recent pieces of legislation show that the State is aware that a lot of talent is being wasted because of a mistake in people’s pasts. It is commendable that our lawmakers are creating ways for ex-offenders to re-enter society and lead productive lives. Yesterday, Illinois Governor Pat Quinn released his first batch of clemency decisions for 2013. On this Easter weekend, 222 petitioners will be receiving their decisions, with 87 of them being granted. The decisions came on petitions that were filed between 2005 through 2012. The vast majority of executive clemency approvals come in the form of pardons with authorization to expunge their criminal record.
With this latest batch, Governor Quinn has now acted on 2,459 petitions since taking office, granting 929 and denying 1,530. It’s all part of an ongoing effort by the Governor to overcome the backlog of clemency petitions left over from former Governor Rod Blagojevich. At the Bryant Chavez Law Office, we would like to congratulate those that get to start the next chapter of their lives with a clean slate! We would also like to commend Governor Quinn for taking action to help them start over. Unlike some other governors, Governor Quinn has proven that he is willing to grant a fresh start to those who have earned it. In 1963, 18-year-old Richard Eggers and a friend visited a laundromat in Carlisle, Iowa. Bored and curious, Eggers decided to cut a dime-sized piece of cardboard out of his detergent box and see if it would work in the washing machine’s coin slot. Consequently, he was arrested and convicted of falsifying currency. He spent two days in jail.
Fast forward nearly 50 years. Eggers, a Vietnam Vet, has been working for the past seven years in a $29,795/year customer service job for Wells Fargo in Des Moines, Iowa. Out of the blue, his bosses at Wells Fargo inform him that he’s been fired because of the fake-dime conviction on his record. Eggers’ employment was terminated as a result of new FDIC regulations which forbid banking institutions to employ anyone convicted of a crime involving dishonesty, breach of trust or money laundering. The laws were created as an attempt to combat mid-level and executive fraud in the wake of the devastating 2008 financial crisis. Members of the media and public have expressed outrage that thousands of low-level bank workers with minor arrests have been fired since the regulations were enacted. As a result of Eggers’ public campaign, he received a fast-tracked waiver from the FDIC to return to work at Wells Fargo. He refused to return, however, until Wells Fargo agrees to make changes to its background check process. Although Eggers’ case has been highly publicized, there are countless other individuals across the country who are being denied employment due to increasingly used and increasingly stringent background checks. In addition to the banking industry, employers in many other fields (such as public schools and hospitals) are bound by law to conduct background checks. Many other private-sector companies choose to screen applicants with criminal records as a simple filter in a competitive job market. For ex-offenders who now live crime-free, productive lives, the imposing presence of background checks can seem like a permanent roadblock between them and their future success. However, that roadblock can be removed if a person is eligible under guidelines in his state to clear his record through an expungement, sealing or a Govenor’s pardon. In Iowa, where Eggers lives, most adult criminal convictions are not eligible to be expunged from a person’s record. The only exceptions are for certain alcohol-related offenses, such as public intoxication, or for deferred judgments. The only option for all other offenses is to request a Governor’s pardon. However, in Iowa a pardon is only a state-sanctioned forgiveness for a crime; it does not carry with it a right to expunge the case from the petitioner’s criminal record. The mark remains on the ex-offender’s record forever. Alternatively, if Eggers’s crime had occurred in Illinois, he would have the option to petition the Governor for executive clemency (pardon) which, if granted, would carry with it a right to expunge. Eggers would be a very good candidate for a pardon: this is the only case on his record and he has spent the following 50 years as a law-abiding, responsible citizen. The pardon petitioners I represent often have similar backgrounds. They made a mistake in their youth, but have since had many years without any incidents. These individuals have worked hard to rehabilitate themselves and contribute to society, yet their criminal past is keeping them from certain jobs, loans, housing, and other opportunities. It’s also possible that if Eggers’s crime had occurred in Illinois and it was a misdeameanor, he would be eligible to seal the crime from his record (depending on the specific facts of his case, which I have not reviewed). When a record is sealed, it is closed off from the public, but is not physically destroyed as when it is expunged. Nonetheless, it is a simpler and faster process than requesting a Governor’s pardon. It’s possible that a sealing would be sufficient for Eggers’s situation. On this holiday, many will be thankful of the gift given to them by Illinois Governor Pat Quinn on the Eve of Thanksgiving. Yesterday, Governor Quinn released the latest set of executive clemency decisions. Of the 169 pardon decisions, 81 were granted and 88 denied.
Unlike the previous administration under Rod Blagojevich, Governor Quinn has done a good job of issuing decisions on pardon petitions throughout his tenure. Since taking office, Governor Quinn has now made decisions on 2,237 petitions for executive clemency, granting 842 of them. When a pardon petition is granted, it gives the petitioner the special opportunity to have her criminal conviction expunged from the record so that she may move forward in her life. In order to be a good candidate for a pardon, the petitioner must make a strong showing of rehabilitation. Congratulations to those receiving executive clemency, and good luck in the next chapter of your lives! In a case that will be closely watched by criminal justice advocates, the American Civil Liberties Union recently filed a lawsuit against the state of Alaska. They're suing on behalf of a married couple who would like an arrest expunged from their criminal records. In Illinois, expunging an arrest that did not result in a conviction is a straightforward, relatively quick process. However, each state has its own guidelines for the clearing of criminal records. As the ACLU lawsuit has brought to light, Alaska is one of the very few states that does not allow expungement at all.
That includes unlawful arrests that the court dismisses, which is what happened to the plaintiffs. The couple was arrested for possession of marijuana plants, but a judge later dismissed the case due to police negligence and misconduct. The couple want the arrest expunged from their criminal records. They’re worried the mark will follow them into the future, and could bar them from certain jobs or opportunities. Many people don’t realize that any arrest can show up on a criminal background check, even if there wasn’t a conviction or the charges were dismissed. When an arrest is expunged, the record is removed from databases and physically destroyed, as if it never happened. This is different from sealing a record, in which the record still exists but is closed off from the public. The statutory guidelines in Alaska don't have a section for expungement. Sealing is allowed, but only if the person can prove that the charges "beyond a reasonable doubt, resulted from mistaken identity or a false accusation." That is to say, if they can prove they're innocent. If a person was guilty of a crime but has since rehabilitated himself, there is no avenue in Alaska for him to clear his name and get a fresh start. That one mistake will follow him forever. If a judge rules in the ACLU's favor, it would be a big win for the civil rights of Alaskan residents. In the meantime, we're thankful that in Illinois residents do have options for expungement, sealings and requests for executive clemency (pardons). It's easy to take for granted, but it can make a big difference for someone's future success. Saturday’s State Journal-Register had a good article giving an overview of the state of executive clemency petitions before Governor Pat Quinn right now. The article points out how former Governor Blagojevich did very little in the way of petitions for executive clemency. Because Blagojevich refused to address the petitions before him, a backlog continued to build up. When Governor Quinn took office, that backlog had grown to about 2,500 petitions.
Governor Quinn has done a good job chipping away at the backlog of clemency petitions, while also addressing the newer ones that he receives. Since taking office in 2009, Governor Quinn has acted on roughly 1,900 petitions. These petitions have come in the form of pardons and commutations of sentence. The article also highlights the role of the Prisoner Review Board, which serve as a team of advisors for the Governor. All petitions for pardons and commutations are initially reviewed by the Prisoner Review Board. The board will also conduct hearings for those petitioners who request it. After their review, the Prisoner Review Board sends off the petition to Governor Quinn along with a recommendation. Governor Quinn usually follows this recommendation, though he can, and does occasionally, overrule them. If the Governor grants the clemency petition, the petitioner will be eligible to expunge the conviction from her criminal record. City Hall is apparently doing its research. When word initially got out about the impending proposal to issue tickets for small cannabis possession in Chicago, no distinction was drawn between juveniles and adults. As I outlined at the time, juveniles would be harmed by the change because convictions for ordinance violations would not be expungeable, while criminal charges are expungeable. Juveniles in counties that passed similar measures have been victimized by this oversight.
The Mayor’s office will not make the same mistake. When Mayor Rahm Emanuel’s official plan was released, it included the addition that juveniles must still be arrested and processed as they were under the old plan. This is certainly preferable because then the City and police can still send the message they want to send, without leaving the youths with a permanent black mark on their record. The so-called “decriminalization” of cannabis will still likely lead to an increase in the number of convictions and criminal backgrounds for adults, as I have explained previously. However, at least the plan won’t strip juveniles of the opportunities that Illinois expungement law is designed to protect. |
We provide criminal defense legal services in Illinois, focusing on the expungement and sealing of criminal records.
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