A few weeks ago there was a big uproar about the outgoing Mississippi governor, Haley Barbour, granting a couple hundred pardon petitions, some of which were from convicted murders.  It made national news and put the citizenry at fear that the governor was putting them in danger.  The only problem, as Barbour points out:  “Most of them had been out for years and years and years. They're no more a threat to the people of Mississippi now than they were the week before they got their pardon.”

The problem stems from people’s misconception of the pardon process.  Many have this impression that a pardon is basically used to free convicts from prison.  The truth is that most forms of executive clemency are pardons granted to those whose sentences have long been over, by several years or even decades.  It is a way to clear their criminal record so that they may move on with their lives.  But unfortunately what people see are sensationalized headlines that the governor is pardoning convicted felons. 

Sadly, this is the main reason why many governors, like Barbour, choose to wait on making executive clemency decisions until they’re walking out the door.  According to Reuters, “Barbour granted 222 acts of clemency in his tenure… All but eight came in the final days of his tenure.”  Many governors wait because it is a risky political maneuver to grant executive clemency.  First, a governor runs the risk of a public backlash because he “freed convicted felons.”  Second, if any of those receiving a pardon ever so much as gets arrested again, you better believe it’s all over the local news.  Many governors simply play it safe by giving executive clemency when the possible repercussions have lowest impact, i.e., when they’re leaving office.  So those with criminal records must sit and wait for years before they can move on with their lives.

Fortunately for those of us in Illinois, Governor Pat Quinn is very pro-pardon.  He has been making executive clemency decisions throughout his tenure, usually a couple hundred every few months.  However, there is still the political risk of possible re-offenders.  This is why I always tell clients that you must have a good showing of rehabilitation to be a good candidate for a pardon.  You have to convince Governor Quinn, and the Prisoner Review Board who provide Quinn with guidance, that there is no chance that you will ever commit another crime.  Otherwise, he is taking the chance of making national headlines like Barbour.

The New York Times recently reported on a national study with some startling results pertaining to America’s youth and the criminal justice system.  According to the study, 30.2% of all Americans are arrested by age 23 for offenses greater than minor traffic violations.  This figure is a substantial increase from the results of a similar study conducted in 1965, which found an arrest rate of 22%.

The implications of these results are significant when set against the backdrop of the American workforce.  As highlighted in the article:

                     Criminal justice experts said the 30.2 percent figure was especially 
                     notable at a time when employers, aided by the Internet, routinely 
                     conduct criminal background checks on job candidates.

The advancement of information technology has lead to background checks becoming more prevalent and thorough than ever before.  At a time with a down economy, employers are finding ways to sift through the countless applicants quickly and easily.  One of the initial ways of doing so is by casting out applicants with criminal records.

It is troubling to consider that nearly a third of America’s workforce could face major hurdles in future employment.  There are a lot of good, talented people out there who can’t find a job right now simply because of a mistake they made as a youth or young adult.

Luckily, in Illinois we have open channels to allow people to move past their criminal history.  Most arrests will be eligible to expunge or seal.  Even for those that aren’t eligible, there is also the option of executive clemency, which brings with it the possibility of completely wiping one’s record clear.  So of the 30.2% that committed offenses in Illinois, many will be able to clear their records and apply for jobs with the confidence that a youthful mistake won’t hold them back.