This week President Biden issued a blanket pardon for service members who were removed from the military due to their sexual orientation and identity. The White House predicts the clemency action will affect around 2,000 veterans.

“This is about dignity, decency, and ensuring the culture of our Armed Forces reflect the values that make us an exceptional nation,” Biden said in a statement. “We have a sacred obligation to all of our service members – including our brave LGBTQI+ service members: to properly prepare and equip them when they are sent into harm’s way, and to care for them and their families when they return home. Today we are making progress in that pursuit.”

The White House also stated that other offenses that affected LGBTQI+ individuals in the military but do not fall within the guidelines for the blanket pardon would be considered on an expedited case-by-case basis.

The Governor of Maryland announced plans to pardon more than 175,000 people with convictions for cannabis possession. This joins a larger trend both federally and among many states (including Illinois) to forgive and help those with low level cannabis cases as the public perception of the drug moving more towards acceptance.

Unfortunately for those in Maryland, these pardons do not also expunge the cases from their record. In Illinois, cases that receive a pardon can also be expunged so that the former conviction does not continue to come up on background checks.

In two batches of decisions in the month of November, Illinois Governor J.B. Pritzker granted clemency to a total of 29 individuals. Of the 29, 23 were in the form of a pardon while the remaining 6 were for commutations of sentences.

As always, congratulations to all those who receive well-deserved their clemency!

Earlier today the Governor's office announced the first wave of pardons granted for cannabis convictions as part of the automatic expungement process. But in addition to those, Governor Pritzker also granted 20 pardons from the normal group of those seeking clemency. This represents the first major batch of clemency decisions released by the Governor. Among the offenses receiving clemency were battery, drug possession, attempted burglary and theft.

One of my clients was included in the 20 receiving pardons. To the rest, congratulations on being able to start the new year with a chance for a clean slate! As a reminder, you will still need to seek the expungement separately in court.

Today, Illinois Governor J.B. Pritzker released the first wave of pardons for misdemeanor convictions of cannabis possession. As part of the new process to automatically expunge misdemeanor cannabis cases, Pritzker granted clemency for 11,017 cases. Reportedly, there are about 572,000 total records (convictions or otherwise) eligible for automatic expungement.

The new law also allows for petitioners to seek expungement directly in the court rather than wait for the automatic process to play out. It also allows for low level felony cannabis cases to be expunged in court. Felony cases are not part of the automatic expungement process.

By: Bryant Chavez and Hannah Garst

On June 25, 2019, Gov. J.B. Pritzker signed into law HB 1438, which will end cannabis prohibition and replace it with a system to tax and regulate cannabis for adults 21 and over. Beginning on January 1, 2020, adults (21 and older) may possess and/or purchase cannabis products in licensed stores. Possession is limited to:

• 30 grams of raw cannabis;
• Cannabis-infused product or products containing no more than 500 mg of THC; and
• Five grams of cannabis product in concentrated form.

In addition to legalizing possession and use for adults, it allows for expungement for cannabis offenses. If you were convicted of possession of between 30 and 500 grams of marijuana, we can petition the Court for an expungement. The Court will weigh many factors, including facts of the underlying offense, when considering whether to grant the petitions to vacate and expunge your record. It is up to us to convince the Court that the remedy is appropriate for you.
Automatic Expungement of Criminal Records Involving Marijuana (Cannabis) Convictions of less than 30 grams
Individuals with qualifying offenses and records are not required to take any action to have their records automatically expunged. However, if you would like to have your record expunged as soon as possible, we can petition the Court to vacate and expunge the conviction without waiting for the Prisoner Review Board and Governor.

• Arrests Not Resulting in Criminal Charges: These cases are currently eligible to be expunged. However, starting on January 1, 2020, expungements will be automatic for arrests involving up to 30 grams of marijuana as long as at least one calendar year has passed since the date of arrest and no subsequent criminal charges were filed related to the arrest. Automatic expungement will start according to the date of the original arrest (see below).
• Arrests Resulting in Criminal Charges Not Resulting in a Conviction: These cases are currently eligible to be expunged. If you would like to have your record expunged as soon as possible, contact us today to start this process. Automatic expungement will start according to the date of the original arrest (see below).
• Convictions Involving Possession of Marijuana 30 Grams or Less: Starting on January 1, 2020, convictions involving up to 30 grams of marijuana will be eligible for automatic expungement. The violation must not have involved delivering marijuana to a child under the age of 18 who was at least 3 years younger than the defendant and did not involve a violent crime. The Illinois State Police will automatically identify all eligible conviction records and forward them to the Prisoner Review Board. After the Prisoner Review Board reviews the records, it will go to the governor with a recommendation for pardon. Once the governor grants a pardon, the state attorney general will petition the court to expunge the record.
• Timetable for Automatic Expungements

The schedule (and deadlines) for law enforcement agencies to automatically expunge qualifying offenses and records is based upon the initial date of arrest.

• Records created between January 1, 2013 and January 1, 2020, shall be automatically expunged prior to January 1, 2021
• Records created between January 1, 2000, and December 31, 2012, shall be automatically expunged prior to January 1, 2023
• Records created before to January 1, 2000 shall be automatically expunged prior to January 1, 2025.

Individuals with qualifying offenses and records are not required to take any action to have their records automatically expunged. However, if you wish to start the expungement process today, contact the Bryant Chavez Law Office, LLC.
 
The automatic expungement mandate does NOT apply to marijuana related arrests and convictions associated with arrests and/or convictions for:

• Violent sexual offenses
  
• Sexual offenses against a minor
• Stalking offenses
• Any offense resulting in a court order to register as a Sex Offender
• Animal abuse offenses

Violations of local ordinances

Today, Illinois Governor Bruce Rauner released a batch of 93 executive clemency decisions ahead of the Labor Day weekend. Of the 93 decisions, 8 were granted pardons and 85 were denied. The petitions that were granted were for crimes of burglary, theft, drug possession, and delivery of a controlled substance.

Congratulations to those receiving pardons! Don't forget that in order to expunge your record you will still have to go back to court to petition that the records be expunged.

The Illinois Prisoner Review Board announced that Governor Bruce Rauner released a new batch of executive clemency decisions, granting five and denying 59. Of the petitions which were granted pardons, the convictions ranged from 1977 to 2007, and included drug offenses, theft, and burglary.

Congratulations to those receiving their much-earned pardons! For those denied, keep in mind that recent changes to Illinois law may now allow for your criminal record to be sealed instead.

Today, Illinois Governor released a batch of 20 executive clemency decisions ahead of the President's Day weekend. Of the 20 decisions, six were granted and fourteen were denied. The convictions which received pardons included retail theft, burglary, battery and forgery.

Congratulations to those receiving pardons! You will now be eligible to petition the Court to have the criminal records expunged.

Today, Illinois Governor Bruce Rauner released 102 decisions on executive clemency petitions prior to the Thanksgiving Day vacation. Of the 102, five were granted pardons and 97 petitions were denied. The offenses that were pardoned included burglary, theft, and drug charges. Those granted pardons will now be eligible to have their cases expunged.

Congratulations to those receiving their much-earned pardons! For those denied, keep in mind that recent changes to Illinois law may now allow for your cases to be sealed instead.