Congratulations to those receiving pardons! You will now be eligible to petition the Court to have the criminal records expunged.
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.
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Tuesday is primary election day in Illinois, and here in Chicago one candidate is dealing with the same struggle many of my clients face—trying to obtain or keep a job despite the stigma of a criminal record. In a hotly contested race for the 5th District Illinois Assembly Seat, voters received campaign mailers featuring an old mugshot photo of incumbent Rep. Ken Dunkin. The date stamp indicates the photo is nearly 20 years old. In addition to the mugshot, the Sun-Times reported that the mailer listed information about the alleged crimes that may be incomplete and inaccurate.
Dunkin’s opponent, Juliana Stratton, insists her campaign had no involvement with sending the mailer. Nonetheless, she has failed to denounce the scare-mongering tactic. She told the Sun-Times that while she’s “an advocate for a second chance” she believes candidates for public office should be held to “a higher standard.” While there may be some validity to her point, a mailer that paints a candidate in broad strokes as a criminal thug clearly seeks to provoke a knee-jerk disgusted reaction from voters. This type of labelling of individuals as criminals or felons without any explanation or context for their mistakes is what we at the Bryant Chavez Law Office fight against every day. For a politician like Dunkin, it’s one issue among many that citizens will use to decide whether to vote for him. For ordinary people applying for jobs, it often means outright and immediate rejection. Dunkin is lucky he has a public platform for explaining himself. Regular people with criminal records do not, which is why it’s so important that we have opportunities for reformed individuals to expunge or seal their old cases. President Barack Obama recently issued an executive order requiring federal agencies to "delay inquiries into criminal history until later in the hiring process." The "Ban the Box" order does away with the question on federal job applications asking if the applicant has been convicted of a felony. Many employers use this question as one of the initial filters to sift through applications. As a result, many talented applicants are dropped because of a blemish on their criminal record, no matter how old.
By banning the box, those individuals would at least have the chance to get their foot in the door. Background checks would still be performed on the candidates, but not until after they have already made an impression on those hiring. In Rex Huppke's column in the Chicago Tribune, he does a great job laying out why banning the box is good, but more is needed. By taking more pro-active steps to help rehabilitated people get employment, we can reduce recidivism and get talented people into positions which need them. Society is helped twice over. Illinois lawmakers have recognized this fact, and have begun implementing some steps. President Obama's executive order will hopefully serve to extend this understanding to the national stage. A change in the Illinois law governing criminal record sealing was made this week which will allow a person to bypass the waiting period to seal if he or she furthers their education. The bill passed both houses in May and was signed into law by Governor Rauner on Monday. It will take effect on January 1, 2016.
Previously, anyone convicted of an offense had to wait four years from the termination of their last sentence to seal the case (if it is an eligible offense). Under the new law, the defendant may petition to seal the records as soon as the sentence terminates if he or she obtained a new diploma, degree, certification, or GED during the time of their sentence, aftercare release, or mandatory supervised release. If the sealing petition is denied by the court, then the normal waiting periods apply for refiling in the future. This is a good change as it will help those with a conviction more easily avoid the stigma of having a criminal record. The purpose of the waiting period is to allow enough time for the defendant to establish their rehabilitation. Clearly, someone who furthers their education is taking the steps to become a more productive member of society. I often encounter clients who are wary of completing their education program because of their criminal record. Why rack up more loans/tuition fees when it is unlikely that you will be hired in your field of study after a background check? Now, those people will be incentivized to further their education, which not only helps the individuals but also the economy of Illinois as well. On this Friday before Memorial Day, Illinois Governor Bruce Rauner decided on 151 executive clemency petitions, granting seven and denying 144. This is now Rauner's second batch of decisions, after he released his first in April.
The Governor's office has stated multiple times that they have developed a process to review petitions on a regular basis. Releasing a set of decisions in consecutive months is a good indicator that this process will result in more frequent batches of decisions. That will certainly help to finally rid Illinois of the backlog of clemency petitions that have plagued the state since the Blagojevich era. However, the praise for the Governor must be muted when one considers the disappointingly low rate that petitions have been granted thus far. Rauner needs to show better compassion for the people of Illinois working hard to move on from a mistake made long ago. Pardons and expungements are there to help those who have proven rehabilitated and are ready to move on with their lives unencumbered by the yoke of a criminal record. How much talent are we wasting by forcing people to wear the scarlet letter of "convicted felon" their entire lives? Congratulations to those granted a pardon today! I hope and expect to see more join you on subsequent batches of decisions. In Governor Quinn's last day in office, he released his final batch of decisions on clemency petitions. The final batch contains 43 granted and 119 denied. Quinn's total numbers for his time as governor are 4,928 clemency decisions, with 1,795 granted and 3,133 denied.
That is tremendous work for Quinn's six years in Springfield. The Bryant Chavez Law Office would like to extend its gratitude to Quinn for taking his pardon power seriously and showing the mercy and compassion that is fit for the Chief Executive of Illinois. Thank you! Congratulations to the 43 that were able to get their petitions granted today! I am sure the pardons are befitting the years of hard work and rehabilitation you have put into improving your lives. For the rest that are still pending, good luck and may we see Governor Rauner live up to the standard set by his predecessor! Today Governor Quinn released his penultimate batch of pardon decisions, granting 232 and denying 262. Since taking office, Quinn has now acted on 4,766 clemency petitions with 1,752 being granted.
This batch is notable as it includes Quinn's first pardon based on innocence. That contrasts with the vast majority of pardons which are granted to those who have rehabilitated and hope to move on with their lives having their rights restored and criminal records clean for background checks. Quinn also told The Associated Press that he will release one more batch on Monday. So for those that are still waiting, keep your fingers crossed as clemency may still be coming to you soon. For those that were included in this batch, congratulations! In one of his final batches of executive clemency decisions before leaving office, Governor Quinn granted 179 petitions and denied 425 this Christmas Eve. That brings Quinn's total number of clemency decisions to 3,962 with 1,418 of them granted.
A separate Christmas Eve article in the Chicago Tribune examined the state of clemency petitions in Illinois, while detailing a couple of petitioners seeking pardons based on their claims of innocence. Although Quinn has a good track record of granting pardons for petitioners showing rehabilitation, he has been far more hesitant to grant pardons declaring the innocence of those wrongfully convicted. The article is well worth the read, and not just because I am quoted in it (though that never hurts). Congratulations to all of you receiving clemency on this holiday! Now that you can move on with your rights restored and your convictions expunged, I am sure that this will always be remembered as a very merry Christmas. Now that Illinois has elected a new governor into office, a big concern for many is what will be Bruce Rauner’s position with regard to executive clemency petitions. With the last two governors, Illinois has seen opposite ends of the spectrum for mercy of those rehabilitated from their criminal records. Former governor Blagojevich ignored clemency petitions, allowing a backlog of over 2,500 to build up under his watch. Governor Quinn, on the other hand, has done a very good job of chipping away at that backlog by granting pardons throughout the entirety of his tenure. Since taking office, Governor Quinn has decided on 3,358 clemency petitions, granting 1,239.
So where will governor-elect Rauner be on the spectrum? Based on recent statements, he should land closer to Quinn than to Blagojevich. In an editorial by the The State Journal-Register, in which they call for continued action on the clemency backlog, the paper states that governor-elect Rauner “intends to make clemency and pardon decisions a priority for his administration.” Rauner’s spokesman, Mike Schrimpf, recently told the The State Journal-Register, “(Rauner) will thoughtfully review requests for clemency and implement a fair process for all parties involved.” We expect Rauner to hold true to this promise while in office. It is encouraging to hear that he understands that the executive clemency power, which is a responsibility imposed by the Illinois Constitution, is one that should be used to help the rehabilitated people of this State. Obviously, words are meaningless unless his actions follow up on them. However, at least we know that he appreciates the importance of the pardon power and that he holds the livelihoods of many individuals in his hands. On the eve of Thanksgiving Day, Governor Pat Quinn released one of his last batches of clemency decisions. Included in this group are 126 granted and 185 denied. This brings Governor Quinn's all time total number of clemency decisions to 3,358, with 1,239 of them being granted.
Because the backlog of petitions was so big under former Governor Blagojevich, Quinn still has many petitions that are pending before him. Hopefully, he will continue to do a good job of chipping away at the backlog in his final months in office. In that same vein, we also call on Governor-elect Rauner to pick up where Governor Quinn left off in showing mercy for those rehabilitated folks that have moved on from a criminal background. Congratulations to those that received their long-awaited pardon on this holiday weekend! Those 126 receiving clemency will certainly have one more big item to be thankful for. |
We provide criminal defense legal services in Illinois, focusing on the expungement and sealing of criminal records.
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