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 Bruce Rauner's Office announced the release of 88 executive clemency decisions in advance of the Christmas weekend. Of the 88 decisions, 10 were granted and 78 denied. Some of the offenses that received pardons include retail theft, burglary, and drug possession.

Two of my clients were among the ten receiving pardons. Congratulations to the other eight receiving clemency as well! For those still pending or denied, your case is likely eligible for sealing which is a still a great option for most. Merry Christmas and Happy Holidays!

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.

In advance of the Labor Day weekend, Illinois Governor Bruce Rauner today released a batch of 94 executive clemency decisions, granting seven and denying 87. According to the Prisoner Review Board, the convictions that were granted pardons were for drugs, burglary, forgery, domestic battery and retail theft.

Congrats to those receiving clemency! For those denied or still pending, take note that your case(s) may be eligible for sealing under the new law in Illinois.

Governor Rauner signed a bill today that expands the number of cases eligible for sealing in Illinois. Previously, most misdemeanors and only a select few felonies were eligible for sealing. If you were convicted of a low-level felony that wasn't specifically eligible, then you likely could petition the Prisoner Review Board to gain sealing eligibility. For anyone not eligible for this relief, the only option was to seek clemency from the Governor.

But now with the change in the law, most felony convictions become eligible for sealing without the need for special approval. The new law takes effect immediately. If you have a case the was previously only eligible for a pardon, contact my office to see if the new law applies to you.

Yesterday, Illinois Governor Bruce Rauner signed a bill into law which will eliminate the requirement that a person have no convictions on his record in order to expunge a case. Under the old law, a conviction for even the smallest infraction (for example, a fine on a ticket for underage drinking) would mean that a person could not expunge anything else from his criminal record, even if those charges were dropped.

Although that person could have sealed the dismissed case, there are certain circumstances where an expungement is necessary for furthering someone's goals. Now, the law will determine the eligibility to expunge based solely on the case itself, rather than also on the person.

The new law will also waive the filing fees for many expungement petitions in Cook County during 2017. Petitioners in Cook County will not have to pay filing fees when the case(s) sought to be expunged resulted in acquittal or dismissal. This provision is set to expire at the end of 2017.

According to Michael Sneed of the Chicago Sun-Times, former U.S. Attorney General Eric H. Holder Jr. recently sent a letter to Chicago Ald. Anthony Beale (9th) criticizing Beale’s proposed ordinance to add regulation for rideshare companies Uber and Lyft. Beale’s proposed ordinance would, among other things, mandate drivers for Uber and Lyft to submit to fingerprint background checks.
 
Holder posits that the fingerprint-based background check can have a discriminatory impact on communities of color. He notes that the FBI records from which the fingerprint checks are drawn are often incomplete and do not always show the results of the arrest. Because people of color are statistically more likely to pick up an arrest, their communities would be disproportionately impacted, even when (as is often the case) those arrests do not result in a conviction.
 
I support Holder’s criticisms. In my work, people often come to me with their FBI records looking for an expungement or sealing. It is actually relatively rare for the records to comprehensively contain all the information about what happened in a case. They can be a good starting point for me to figure out what is on a person’s record, but they are mostly worthless for determining eligibility to expunge or seal because they so often don’t list the outcomes of the cases.
 
The ironic part of this is that Uber and Lyft already perform background checks on potential drivers. Many clients have come to me needing to expunge or seal their record specifically because they didn’t pass the background check for these companies. The difference though is that those background checks are designed for employment purposes and therefore typically obtain the disposition information.

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.

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.