Recently in Clemency Category

November 25, 2015

Governor Quinn decides over two hundred clemency petitions on the eve of Thanksgiving 2015

The good news is that Governor Rauner has acted on yet another batch of clemency petitions, the fifth such group since he has taken office earlier this year. The not-so-great news is that out of the two hundred ten (210) petitions he decided, he granted only ten (10) and denied two hundred (200). While I would absolutely like to see more deserving petitions being granted by our present Illinois Governor, I will say I admire the relative speed in which he is deciding such petitions. My only hope is that deserving petitioners are not being overlooked in haste.

While I don't yet have any details concerning what offenses have actually received pardons today, based on my previous analyses of Governor Rauner's clemency decisions I believe it is safe to surmise that at least some very deserving petitioners were unfortunately denied relief in this recent batch of decisions. Fortunately, a petitioner who has been denied relief is able to file a new petition one (1) year after such denial and moreover, in some circumstances, that waiting period can actually be waived upon a showing of good cause. If you have been denied executive clemency, with or without authorization to expunge, please feel free to contact me for a free consultation about your case. I will give you my best professional opinion as to what went wrong and how to best go about rectifying the situation in a subsequent clemency petition.

Best wishes to all for a very happy Thanksgiving.

May 27, 2015

June 6, 2015: Annual Cook County Expungement Summit

Once again, I will be volunteering my day at the annual Adult & Juvenile Expungement Summit and Ex-Offender Job Information Seminar and would love to see you there! This year's event will be held on June 6, 2015 at the Living Word Christian Center, 7600 West Roosevelt Road in Forest Park and opens at 8:30 a.m. Although the event runs through 6 p.m., I do suggest getting there as early as possible. Attorney volunteers, like myself, will be providing information on adult felony and misdemeanor expungements and sealings, juvenile record expungement, as well as information on executive clemency and certificates of relief from disabilities and good conduct. On-site drug testing will be available and you will be able to obtain certified case dispositions at the event as well. Qualified applicants will be able to file expungement and/or sealing petitions for free on-site at the Summit. For more details about the event, please call 312-603-5200 or 312-603-4641. You may also see the official Expungement Summit Guide here.

April 7, 2015

Newly-elected Republican Governor Rauner decides 59 Clemency Petitions on Good Friday

In keeping with his predecessor's tradition of releasing clemency petition decisions on major holidays, Governor Bruce Rauner granted two (2) pardons with authorization to expunge over this past Easter weekend. In total, our new Governor decided fifty-nine (59) petitions for executive clemency, granting two (2) and denying fifty-seven (57). While I of course would have liked to have seen more pardons granted, I am very pleased with the fact that a Governor Rauner's spokesperson stated that going forward, clemency petitions will be reviewed on a "regular basis". In all honesty I did not expect to see any pardon decisions this soon after Governor Rauner took office; this recent action with regards to clemencies seems to indicate that our new state leadership will continue to regard pardon applications as important and deserving of attention.

December 31, 2014

Governor Quinn grants pardons to petitioners for the 3rd time in just over a month span

Just a few hours ago, in advance of the New Year, Illinois Governor Quinn grants executive clemency to 102 more individuals. Along with the 102 grants, Gov. Quinn denied 425 petitions, bringing his total number of clemency decisions to 4,489 (1,520 clemency petitions granted and 2,969 petitions denied). I am pleased to report that I have recently received positive results for 3 of my clemency clients, and am anxiously awaiting decisions on many more. I sincerely hope the outgoing Governor Quinn decides at least one more batch of clemency petitions prior to leaving office next month!

December 29, 2014

Outgoing Governor Pat Quinn decides nearly one thousand more clemency petitions in a one-month span

Throughout his tenure as Illinois Governor, Pat Quinn has truly been a champion in reviewing and deciding Petitions for Executive Clemency. In total, Governor Quinn has reviewed a total of 3,962 petitions, granting 1,418 and denying 2,544. Just this past Christmas Eve (December 24, 2014) he decided a total of 604 clemency petitions, granting 179 of them and denying the remaining 425. Prior to that, on the eve of Thanksgiving, Governor Quinn granted 126 petitions and denied 185. It is my sincere hope that we see at least one more batch of clemency petition decisions prior to Governor Quinn leaving office on January 12, 2015.

May 6, 2014

2014 Cook County Adult & Juvenile Expungement Summit / Informational Seminar

Please join the Honorable Dorothy Brown, Clerk of the Circuit Court of Cook County, and me at this year's Expungement Summit on June 7, 2014, from 8:30 a.m. to 6:00 p.m. at The Living Word Christian Center, 7600 West Roosevelt Road, Forest Park, IL. This is a full-service annual event where people with criminal records are able to speak with on-site volunteer attorneys about expungements, sealings, petitions for executive clemency and certificates of rehabilitation. There will also be on-site child support services, job training, housing and community resources, identity theft information and much more. Members of the Illinois Prisoner Review Board will also be present to discuss the pardon process for those who do not qualify for either expungement or sealing. This event is truly a wealth of information! Please contact the Cook County Clerk of the Circuit Court of Cook County at 312-603-5200 for more information, or you may visit I look forward to meeting you at this year's Summit!

April 30, 2014

Governor Quinn grants 43 additional Petitions for Executive Clemency

On April 18, 2014 Governor Pat Quinn granted 43 clemency petitions and denied 65, thus further reducing the backlog of petitions he inherited from former Governor Rod Blagojevich. The offenses for which clemency was granted ranged from theft to robbery to manufacture and/or delivery of a controlled substance and the offense dates ranged from approximately 1969 to 2003. The bulk of these granted clemency petitions were filed in mid-2009 but some some dated back to 2007 and others were filed as recently as 2014.

Petitions for Executive Clemency (with Authorization to Expunge) are almost inevitably a last resort for people with certain criminal convictions on their records. Although the format of the petition itself is somewhat flexible, it is most certainly in your best interest to contact an attorney experienced in this field to discuss methodology and strategy. I would be happy to speak with anyone needing assistance in this area!

February 5, 2014

Overview of Federal Executive Clemency Process - Not So Different from Illinois State Clemency Procedure

In light of the recent attention President Obama has given to low-level drug offenders who were unduly penalized under previous overly harsh drug conviction sentences, I have been researching the federal executive clemency process to see how it differs from that in our state. I am pleased to report that the process of obtaining federal executive clemency is not that different from the process here in Illinois.

The United States Office of the Pardon Attorney assists the President in the exercise of his executive clemency powers, whereas here in Illinois the executive clemency power lies with the Governor, as assisted by our state's Prisoner Review Board. The previously cited United States Department of Justice website contains forms for both pardons and commutations of sentences, rules and standards to be applied to the consideration of these federal executive clemency applications. As is the case in Illinois, there is no mandate that the President must consider a Petition for Executive Clemency within a certain period of time, if at all. Moreover, a granting of federal executive clemency is considered to be an extraordinary remedy governed by the principles of equity, just as it is in our state.

As mentioned above, my research into the federal executive clemency process reveals that it is not so different than that employed by our own state. Basically, a petitioner must answer some fundamental questions concerning him/herself, give a thorough explanation of the legal issues surrounding his/her conviction(s), divulge any/all criminal history, and give one or more reasons he/she is seeking such extraordinary relief through the federal executive clemency process.

Continue reading "Overview of Federal Executive Clemency Process - Not So Different from Illinois State Clemency Procedure" »

October 14, 2013

Illinois Governor Quinn decides 189 additional clemency petitions

Three days ago, on October 11, 2013, the Chicago Tribune reported that Governor Quinn recently granted 65 requests for executive clemency and denied 124 petitions. This brings the total number of petitions for executive clemency Quinn has acted upon since taking office to 2,648. To the best of my knowledge, Governor Quinn is still acting on clemency petitions that date back to 2009. Once again, I applaud Quinn for continuing to decide these all-important petitions that serve to give an individual his or her life back but I urge him to do everything in his power to speed the process up as there are many deserving candidates who are still awaiting a decision.

August 12, 2013

Illinois Sealing Relief is Expanded by P.A. 098-0142 to Include Multiple Class 3 and 4 Felony Convictions!

Great news for individuals burdened by felony criminal records: the Illinois Criminal Identification Act (20 ILCS 2630/5.2 et seq.) has recently been amended by Public Act 098-0142 which adds multiple Class 3 and Class 4 offenses not previously eligible for relief by sealing to now be eligible for sealing through the court system! Prior to this change, only three (3) felonies (all Class 4) were eligible for relief through sealing: possession of a controlled substance (PCS), possession of cannabis (marijuana) and prostitution. Now, in its expanded form, the Illinois Criminal Identification Act allows for the following offenses to be eligible for sealing:

• Class 4 felony convictions for prostitution, possession of cannabis (marijuana), possession of a controlled substance, theft, retail theft, deceptive practices, forgery and possession of burglary tools; and

• Class 3 felony convictions for theft, retail theft, deceptive practices, forgery and possession with intent to manufacture or deliver a controlled substance.

Moreover, the revised version of the Illinois Criminal Identification Act now provides concrete factors a court may consider in determining whether or not to grant an individual's petition for either expungement or sealing; these factors include the strength of the evidence supporting the defendant/petitioner's underlying conviction(s), the reason the State wishes to retain the individual's conviction records, the petitioner's age, entire criminal history and employment history at the time the petition to expunge or seal is filed, the length of time that has elapsed between the underlying conviction(s) and the filing of the petition to expunge or seal and consideration of specific adverse consequences a petitioner may be subjected to if his/her petition to expunge or seal is denied. While these same factors have been considered since at least as far back as 1998, pursuant People v. Wells (1st Dist. Il. App. Court, 1998), they are now importantly codified within the language of the statute itself.

All in all, the newly-revised Illinois Criminal Identification Act is now giving individuals with either/both Class 3 and Class 4 felonies an opportunity to put their past behind them to continue moving forward as productive members of society. For example, no longer does an individual with a conviction for Class 4 or Class 3 retail theft or theft need to petition our state governor for relief through a petition for executive clemency; instead, this individual may file a petition to seal in the original court where he/she was convicted, thus expediting his/her chance for relief and moreover, freeing up more time for the Governor to consider clemency petitions on more serious crimes. This new version of the Illinois Criminal Identification Act looks to be a win-win for both people looking to seal their criminal records and people needing to seek a pardon through Governor Pat Quinn.

April 2, 2013

Governor Quinn grants 87 more Petitions for Executive Clemency on Good Friday, 2013

I am pleased to announce that this past Friday, March 29, 2013, Illinois State Governor Pat Quinn released decisions on two hundred twenty-two (222) additional Petitions for Executive Clemency, granting eighty-seven (87) pardons in total and denying requests for clemency on another one hundred thirty-five (135) petitions. These recent decisions were for clemency petitions submitted as early as 2005 and as late as 2012 but there are still many petitions contained within that date range that remain undecided. As I've said before, I applaud Gov. Quinn for his attempts to minimize the backlog of petitions he inherited from the previous administration, but there remains a significant build-up of old petitions yet to be acted upon. To date, I have not received decisions on multiple Petitions for Executive Clemency with Authorization to Expunge for clients dating back to 2009. While I understand there are numerous other responsibilities Governor Quinn handles on a daily basis I implore this administration to more quickly act upon outstanding clemency petitions. Sadly, there are many people in our society who are being hindered by their past (sometimes decades old) mistakes and are so deserving of a second chance in the form of a pardon with authorization to expunge. Please help us help them, Governor Quinn!

December 5, 2012

Governor Quinn continues to plod through backlog of 2,500+ Clemency Petitions

In keeping with his usual tradition of deciding Petitions for Executive Clemency just before a major holiday, Governor Quinn granted 81 pardons on November 21, 2012 and denied 88. According to sources at the Illinois Prisoner Review Board, all of these decisions were for petitions filed between 2005 and 2010, thus further diminishing the backlog of these petitions never addressed by former Governor Blagojevich. I certainly commend the present Governor for reviewing and deciding these important petitions, however, I'm curious to know what else can be done to expedite the process more. I had previously heard that the Governor's Office was contemplating outsourcing the first review stage of clemency petitions to pro bono attorneys; while this would undoubtedly speed the process along, I would hope that substantive training would be required of all attorneys being used for this first-stage review. To my knowledge this proposal has not been implemented and I am attempting to discover if it has been temporarily or permanently tabled.

May 9, 2012

2012 Cook County Expungement Summit for Adult and Juvenile Criminal Records

It's time for the Clerk of the Circuit Court of Cook County's annual Expungement Summit! The event will take place on June 2nd, 2012, once again at the Apostolic Church of God located at 6230 South Dorchester Avenue, Chicago, Illinois between 8:30 a.m. and 6:00 p.m. Please join me there and remember to bring your Chicago RAP sheet (assuming you were arrested in Chicago), which can be ordered from the Chicago Police Department, Access and Review Department, at 3510 South Michigan Avenue, Chicago, Illinois, between the hours of 8:00 a.m. and 12:00 p.m., for $16.00. Further instructions and information can be found on the official event flyer posted on the Cook County Clerk of the Circuit Court's website.

I look forward to meeting you!

January 23, 2012

Please help! I need someone to explain the Illinois expungement, sealing and/or executive clemency process to my prospective employer...

As I've previously discussed in various blog entries, one of the primary reasons a person retains me to file a Petition to Expunge, Petition to Seal, or Petition for Executive Clemency with Authorization to Expunge is to obtain new or better employment. Obviously the client's criminal background is presenting a significant hurdle to be overcome with regards to landing a job offer, securing an interview, or even keeping a present job. Also, a person's criminal record can present problems to be dealt with in the housing arena. Once retained by a client, I am happy to explain how we intend to pursue relief from that client's criminal record pursuant to the Illinois Criminal Identification Act to a prospective employer or landlord. Sometimes an explanation of the processes by which the client is able to clear his or her criminal record will be sufficient to allow an employer, landlord or other entity to remain patient with that client while he or she works with me to draft and file necessary type of petition to obtain relief from his or her criminal record. The text below represents a redacted version of one such letter written to a current client's prospective employer. If a new or existing boss or landlord has asked you to provide similar explaining Illinois criminal records law please contact me to discuss the details of your situation and how I can draft something to hopefully buy YOU some time while your petition is pending before a court or, alternatively, the Illinois Governor.

"January 23, 2012

Mr. ------------------

VIA FACSIMILE ----------


Dear Mr. ----------:

I have been retained by Mr. ------- to prepare a Petition for Executive Clemency with Authorization to Expunge one (1) conviction from a ----- case in ----- County, Illinois. My client has asked me to prepare a brief letter explaining the process by which he can "clear" his criminal record, which, as I understand, consists solely of this single indiscretion. Accordingly, please take the following paragraphs as explanation of what you and he can expect to happen next pursuant to Illinois law on the subject matter at issue.

Basically, the Illinois Criminal Identification Act (hereinafter "the Act"), specifically 20 ILCS 2630/5.2 et seq., sets forth the requirements an individual must meet in order to pursue either expungement or sealing of his or her criminal record in Illinois. In a nutshell, if a person has even a single conviction, as defined by the Act, on his or her record (either in Illinois or elsewhere) he or she is not eligible to have any portion of his or her record expunged. The Act defines "expungement" to mean either the physical destruction of the individual's records or else the return of said records to the individual, so that such records are no longer available for any other person or entity to see. See 20 ILCS 2630/5.2(a)(1)(E). Moreover, the Act defines the term "conviction" to include not only a sentence of jail or prison time, which is not applicable in Mr. ---------'s situation, but also a sentence of probation or conditional discharge, or even payment of a fine. See 20 ILCS 2630/5.2(a)(1)(C). Because Mr. ----------- was given a sentence of probation (which he ultimately satisfied), he is deemed to have a "conviction" on his record, thus rendering him ineligible for outright expungement. Mr. ---------- is also not eligible to have this single conviction "sealed" by the Court, as pursuant to the Act, only three felony offenses are eligible for the remedy of sealing. See 20 ILCS 2630/5.2(a)(1)(K) for the definition of the term "seal") and 20 ILCS 2630(c)(2)(F).

A person in Mr. ---------'s situation is not left without remedy under the Act, however. Pursuant to 20 ILCS 2630/5.2(e), an individual who has been granted a pardon which specifically authorizes expungement by the Illinois Governor to seek an expungement from the original sentencing court. Basically, a person with an otherwise non-expungeable conviction on his or her criminal record may file a Petition for Executive Clemency with Authorization to Expunge with our state's Governor and, essentially, receive "permission" to file an expungement with the court that originally entered the conviction at issue. Of course executive clemency, or a pardon, is considered to be an "extraordinary" remedy and therefore it is not automatically granted. Instead, there are many factors which are considered by the Governor when deciding these types of petitions; some of the factors are the length and totality of the individual's criminal record, the length of time that has passed since the last conviction, the circumstances surrounding the conviction(s) at issue, what the individual has been doing in the time that has passed since the conviction(s) at issue and ultimately, the reason(s) why the individual is seeking this extraordinary relief. My professional opinion is that Mr. ----------- has a very good chance at obtaining a pardon allowing him to pursue expungement in the Circuit Court of ------ County based upon the factors set forth above. Though it may seem duplicative, these same factors just discussed are also considered by the Presiding Judge of the Court considering the Petition to Expunge and I therefore believe Mr. -------- also has a very good chance at ultimately getting an expungement petition granted. Once a Petition to Expunge has been granted by the Presiding Judge the arresting agency, the Illinois State Police and the Circuit Court records are to be expunged within sixty days of service of the Order to Expunge. See 20 ILCS 2630/5.2(d)(9)(A) et seq. Ultimately, the expungement of an individual's criminal record(s) means that the individual can legally answer, on an employment application or otherwise, that he or she has not been convicted of the criminal offense(s) at issue. A background check of the individual's record should also not reflect any conviction of the expunged offense(s). In practical terms, it wipes the slate clean to allow the individual to move forward with his or her life and obtain better employment, housing, etc.

I hope this letter sufficiently explains the process of executive clemency (i.e., a pardon) and expungement within the State of Illinois. Should you have any follow up questions on the subject I would be happy to discuss them with you and can be reached at 847-922-8683.

Very truly yours,

Jorie K. Johnson
Attorney at Law"

December 11, 2011

Illinois Governor Quinn Reduces Backlog of Pending Clemency Petitions by 206.

On or about December 6, 2011 Illinois Governor Quinn released decisions on a total of two hundred six pending applications for pardons, including petitions for executive clemency, according to local news source CBS Chicago. Specifics about the type of petitions the Governor granted were scarce; for example, I was not able to find details about how many petitions for executive clemency were granted or denied, or even more specifically, how many of those were petitions for executive clemency with authorization to expunge. The articles I found did mention, however, that at least one previously convicted and currently incarcerated man's sentence was commuted without granting him a full pardon.

This news is encouraging for the thousands of individuals still awaiting decisions on their own petitions for executive clemency with or without authorization to expunge. Of course, we'd all like to see more progress being made on the backlog of petitions, but this is most certainly better than former Illinois Governor Blagojevich did while he was in office. Keep plugging away, Governor Quinn and thanks for your efforts in this regard!