Getting a Pardon in Illinois: What You Need to Know
Getting a criminal record expunged in Illinois can be a complicated process. While many minor crimes like misdemeanors can be sealed or expunged, more serious felony convictions typically remain on your record forever unless you are granted a gubernatorial pardon.
A pardon is basically the forgiveness of a crime by the governor that allows a person to clear their criminal record. It can help remove barriers to jobs, housing, education, and more caused by having a conviction history.
If you’re looking to move on from a past mistake, a pardon may be your best option in Illinois. Here’s what you need to know about getting one:
What Exactly is a Pardon?
A pardon is a form of executive clemency granted by the governor. It forgives the legal consequences of a crime, releasing the person from punishment.
There are a few different types of pardons in Illinois:
- Absolute Pardon – Forgives all consequences of a conviction and clears the criminal record. This is the most complete type of pardon.
- Partial Pardon – Forgives some but not all consequences of a conviction.
- Commutation – Reduces a prison sentence to a shorter period of time.
- Reprieve – Delays a criminal sentence for a period of time, often a death sentence.
A full pardon (absolute or partial) allows you to expunge the conviction from your criminal record. This keeps the public and potential employers, landlords etc from seeing it.
Who is Eligible for a Pardon?
In Illinois, anyone convicted of a felony or certain misdemeanors can petition the governor for a pardon.
You don’t have to complete your full sentence to apply. Many people petition for a pardon while still incarcerated to get their sentence reduced or eliminated.
There is no limit on how many times you can apply for a pardon. If denied, you simply have to wait one year before applying again.
How to Apply for a Pardon in Illinois
The pardon application process involves submitting a petition to the Prisoner Review Board. This starts the clemency process with the governor’s office.
You’ll need to provide background on your criminal history, personal history, reasons for seeking a pardon, and evidence to support your petition.
Many people choose to work with a pardon lawyer to help compile and submit their petition. Having legal guidance can really help your chances of getting approved.
After submitting your petition, you can request a hearing with the Prisoner Review Board. This gives you a chance to explain your situation and why you deserve a pardon. Your lawyer can attend the hearing with you.
The Board will then make a confidential recommendation to the governor to either approve or deny the pardon petition.
There is no time limit for the governor to make a decision. It could take months or even years in some cases. All you can do is wait it out.
What Happens if You Get a Pardon?
If approved, a pardon provides a clean slate and second chance. Your conviction will essentially be wiped from public record.
You can legally say you have no criminal record and your civil rights like voting and gun ownership may be restored.
A pardon removes barriers to jobs, housing, education and more caused by a conviction history. It’s a powerful tool for starting fresh.
What to Do if Your Pardon is Denied
Don’t lose hope if your petition gets denied. You can reapply after one year passes, or whenever a new governor takes office.
Talk to your lawyer about why the petition was denied and how to strengthen your case for next time. Getting additional evidence, character references, completing rehabilitation programs, and showing personal growth will help.
How to Increase Your Chances of Getting a Pardon
There are no guarantees when it comes to pardons, but certain things can help your chances:
- Hire a lawyer – Legal expertise maximizes your chances. A lawyer can help avoid mistakes and present the strongest case.
- Take responsibility – Admit your mistakes and show remorse. Explain how you’ve changed for the better.
- Highlight rehabilitation – Show how you’ve turned your life around through programs, volunteer work, education etc.
- Get character references – Get letters of support from employers, teachers, community leaders vouching for your good character.
- Wait patiently – The process takes time. Avoid pestering the Prisoner Review Board or governor’s office.
- Don’t lose hope – If denied, you can always try again down the road. Persistence and patience are key.
Mistakes to Avoid When Applying for a Pardon
When petitioning for a pardon in Illinois, some common mistakes could sink your chances. Be sure to avoid:
- Minimizing your crime or blaming others
- Failing to take responsibility and express remorse
- Lying or misrepresenting anything in your petition
- Having unrealistic expectations for the timeline
- Not getting help from a lawyer experienced with pardons
Conclusion
Getting a pardon in Illinois can be difficult, but it provides the chance for a fresh start if you have a criminal record. The key is to be persistent, gather supporting evidence, and work with a lawyer to present the strongest case possible to the governor.
While the process takes time and there are no guarantees, a gubernatorial pardon remains the only path to wiping the slate totally clean in Illinois after a felony conviction. With the right approach and patience, it can be well worth pursuing.
Don’t let an old mistake define your future. Take the first step by exploring your pardon options today. You may be closer to that fresh start than you think.