Q: I petitioned the Governor for a pardon but I haven’t heard anything. What do I do?
A: Wait. The only thing you can do is patiently wait for the Governor to make a decision. The law states that a petitioner cannot re-petition the Governor for a pardon until he has been denied and waits for a period of one year before resubmission. So, if the Governor does not make a decision for years, the petitioner cannot make amend his/her petition for [...]
Tagged: Governor > pardon > petitioned
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Q: What is the difference between a pardon and clemency?
A: There is no difference. Technically, clemency is the general term for commutation, pardon and reprieve. Commutation is for the person in prison, who is seeking to be released early but isn’t necessarily looking to have the conviction pardoned. A pardon is for the person who is not in custody or on probation and wants to be “forgiven” for their offense. A pardon can also [...]
Tagged: clemency > conviction pardon > not in custody > on probation > pardon > reprieve > seeking to be released early
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Q: Since I cannot expunge or seal my record, is there any way I can remove a conviction from my record?
A: If you do not qualify for expungement or sealing, you must seek a pardon from the governor. Pardons are not just for people who have done time in prison! Anyone who has a conviction needs a pardon! (Unless it’s a sealable conviction or a Class 4 exception.) However, the governor has the power to both pardon an offender and issue an executive order to [...]
Tagged: case-by-case basis > expungement > Governor > pardon > pardon application > sealable convictions > sealing
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Q: I didn’t go to prison but instead the judge gave me probation on my felony case. Since I didn’t go to prison, is it still a conviction?
A: Yes, probation is a conviction. The judge could have sent you to prison but instead chose the punishment of probation. The person who went to prison is in the same boat as the person who was given probation: both have felony convictions on their record and both will need a governor’s pardon. You cannot seal or expunge your felony conviction. See above exception.
Tagged: conviction > Expunge > felony convictions > prison > probation > Seal
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Q: What exactly is an Illinois Sealing?
A: Unlike expungement, your records are not destroyed; instead, the arresting agency (for example, Chicago Police), the Illinois State Police and the Clerk’s Office seal the record and remove your name from the electronic index. Government agencies can still access the file but only a judicial order can allow the public to view the record. For purposes of a criminal background check by a general [...]
Tagged: expungement > Illinois sealing > judicial order > seal the record > sealing
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