Gov. Quinn is known for granting clemency (commonly known as a pardon) around the holidays. If you look at his pattern, he generally grants pardons around the most-celebrated holidays, especially Thanksgiving, Christmas, and Easter.

Unfortunately, the Chicago Tribune is too lazy to study the Governor’s pattern; instead, its theory is . “Quinn tends to act on a slew of clemency requests right before busy holiday weekends, when there typically is less media scrutiny.”

Governor Quinn’s clemency and pardon decisions have little to do with politics and any fear of publicity; instead, his decisions are based on a belief that each petitioner has proved his or her case for a second chance. Additionally, he likes to give the extraordinary remedy at a time when people are already celebrating with their families.

There is still a backlog of petitions due to Governor Blagojevich’s departure from office but Governor Quinn is definitely making moves.Professor P.S. Ruckman’s blog www.pardonpower.com tracks governors’ pardons. In March of 2012, he stated “Quinn had acted on 1,735 petitions, denying 62 percent. The backlog, however, is at 2,553.”

A 38% grant-rate is actually very high, considering many petitioners had a little “chance” to begin with. A pardon is not just for someone who is still in prison or for someone who was convicted of a terrible crime. A pardon is also required for the person with almost any felony (there is a rare exception to this rule) for that they received probation and never went to prison.

If you have a good reason to argue you are a good candidate for a pardon, then I recommend you petition the governor and not focus on your “chances.”
<em>
Your chances are only as good as the quality of your request.</em>

Just because a website looks good or similar to ours, we advise you to do the following things:

1) Your criminal record is a serious matter. Make sure you only hire an attorney to file the papers with the court.

2) Ask your attorney questions about his or her experience. How many petitions for pardon/clemency, expungement/sealing has the attorney filed?

3) Ask you attorney how long he or she has been practicing law.

4) Compare attorneys…don’t be mislead…

Prior to 2012, people who were sentenced to supervision for misdemeanor retail theft had to wait 5 years after the successful termination of supervision to file to expunge their record.

Now, however, people no longer have to wait 5 years to expunge. Instead, it’s just 2 years after successful termination of supervision.

Keep in mind, if you have more than a retail theft arrest on your record, you may not be eligible to expunge. All cases – in every Illinois county and any other state outside of Illinois – must be evaluated to determine if one is eligible to expunge or seal.

We have focused our practice on expungement/sealing/pardons for almost 7 years. We follow the laws closely and we understand how to evaluate each person’s record.

Please call us at any time if you have questions: The Law Firm of Tamara N. Holder, LLC – 312-332-4629 – Chicago, Illinois

Most people are under the mistaken impression that their juvenile court proceedings won’t hold them back. Unfortunately, this is not necessarily the case in Illinois. While there are several mechanisms in place to help juvenile offenders, there are still pitfalls in the law forcing juveniles into harsh circumstances.

In Illinois, you become an adult at age 17. The law states that “Except…(exceptions)…, no minor who was under 17 years of age at the time of the alleged offense may be prosecuted under the criminal laws of this State.” [705 405/5-120] That is not to say that juveniles may exist outside the law. There are still juvenile proceedings for alleged offenders, but rather than being convicted they are found “delinquent.” Delinquent juveniles may be sentenced by judges for their offenses, but delinquency does not qualify as a conviction and may be expunged eventually. Sounds good, right?

Well, the problem comes with those listed exceptions. Most of the exceptions are for severe cases. For example, a 16 year old accused of first degree murder may be prosecuted for that offense like an adult. However, there is one exception that allows for any minor alleged to have violated a municipal or county ordinance to be prosecuted and punished under Illinois statutes. The idea behind this exception is likely to make sure that juveniles still have to pay fines for petty offenses, like parking tickets.

Unfortunately, this broad exception allows for juveniles to be convicted of any ordinance violation, including the criminal convictions the law is designed to protect juveniles from. An arrestable ordinance violation counts as a conviction under Illinois expungement law. There is no exception for juvenile offenders. This means that a person may be prevented from expunging their criminal record because of a small offense they committed as a juvenile.

This is precisely what happened to a client of ours. At twelve years old, he was caught by the police with a small about of cannabis. If he had been charged under the Illinois criminal statute, he would have likely been found delinquent and could expunge the case when he turned 21. Instead, he was prosecuted under the local ordinance for possession, and was therefore convicted. His punishment was simply to pay a fine, so the whole process was likely done with good intentions to protect the kid. But contrary to those intentions, he now has a conviction on his record and may no longer expunge.

He is still eligible to seal, which would be fine for most people. Except in this circumstance it does not, because the client wants to become a police officer and the police are one of the few allowed to see sealed records. Many police departments have automatic denials for any potential officer with a drug conviction. So, because of a small mistake that the client made when he was twelve, he is not able to become a police officer.

The Aldermen’s motive is not necessarily to decriminalize the possession of pot; instead, it is to allow the City to make money without requiring police and court time to prosecute the crime. Solis told the AP, “In these trying times of the economy, we could really use the revenue generated by fines versus arrests…and each (arrest) means police officers are spending an inordinate amount of time outside the neighborhoods, inside the district offices doing paperwork.”

Alderman Joe Moreno (1st)  incorrectly stated in his piece on The Huffington Post, “Anyone caught with 10 grams or less will be issued a $200 fine, instead of being arrested, and given a record for life, as is currently the case.”

Clearly, the Aldermen did not review the Illinois Criminal Identification Act, which states that felonies, misdemeanors and local ordinance violations quality for expunging and/or sealing. The Act also states that 1) a fine = a “conviction” and 2) if you have a conviction on your record, you cannot expunge your record, you can only seal it. A conviction also prevents one from expunging any other part of their record. So if a person fined for an ordinance marijuana charge has something else on his record, he now cannot expunge the other cases.

So are the Aldermen looking to raise revenue for the City or are they looking to protect citizens who are users of small amounts of marijuana? Thus far, this ordinance looks like it’s an idea cloaked in “what’s good for the people” but really it’s only about what’s “good for the city.”

I can only assume that Blago hopes to have a Miracle on 34th Street moment in which thousands of letters are dumped onto the judge’s bench. The idea is that the judge would then show leniency in sentencing Blago for his several convictions.

As I read this, I couldn’t help but appreciate the irony of the situation. When a pardon petitioner seeks executive clemency, he will almost always supplement his petition with character letters in support of the petitioner. Now, Blagojevich is attempting to do something very similar by obtaining character letters of support for his sentencing.

When Blagojevich was Illinois Governor, he let thousands of pardon petitions sit pending with no decision. This is the cowardly way to deal with pardon petitions. Rather than actually taking a stand and risking political backlash one way or the other, Blago simply kept his mouth shut (the first time I’m sure). Current Governor Quinn is still working through the Blagojevich backlog that accumulated from as far back as 2003.

Ask any pardon petitioner and they will tell you that the wait is the hardest part of the process. Most would rather receive a denial than no decision at all. At the very least, a denial would allow the petitioner to re-file. But “pending” just means more sleepless nights of not knowing.

When thousands of convicted felons reached out for help from then Governor Blagojevich, he simply turned the other way. But now that Blago himself is in that same helpless position of being a convicted felon, he hopes to receive the help that he never gave when he was in a position to do so.

Honestly, I do feel for the guy. I fear he may get an excessive sentence simply because there was such a spotlight on this entire case, and people want their pound of flesh. But I still can’t help but appreciate the ways in which fate can toy with people.

PROCESS: Pardon filing –> Pardon hearing before Prisoner Review Board –> Board votes on whether they think  Governor should/should not grant your pardon –> Regardless of their non-binding opinion/vote,  Board must send your pardon to Governor –> Pardon sits on Governor’s desk until he grants/denies Pardon; Governor does not have to follow opinion of Board (he can deny a petition that the Board believed to be worthy of a pardon; he can grant clemency when the Board did not think it was worthy of a pardon) –> We are notified if pardon is granted or denied –> If denied, we must wait 1-year to re-file; if granted, we file a Petition to Expunge the court/arresting agency records.

Here is what to expect after you have filed your petition & appeared before the Board for a hearing:

1. AFTER THE HEARING, THE BOARD VOTES ON YOUR PETITION:

• The Illinois Prisoner Review Board votes on whether they think the Governor should grant your pardon. This vote generally occurs right after the hearing, or shortly thereafter.
• Confidential Board decision: The Board’s opinion to the Governor is confidential. There is no way to find out their opinion.
• Board’s non-binding advisory opinion: The Board does not grant or deny the pardon. They simply tell the Governor what they think. The Governor can grant a pardon they didn’t recommend; conversely, the Governor can deny a pardon that they recommended. Only the Governor grants or denies pardons.

2. AFTER THE BOARD’S VOTE, THEY SEND THE PARDON TO THE GOVERNOR:

• After the Board votes on your petition, they send your pardon to the Governor’s office with their non-binding opinion as to whether the Governor should grant or deny your pardon.
• The Board must send all petitions to the Governor, regardless of their opinion.
• Timeframe of Board sending pardon to Governor: The law does not require that the Board send your pardon to the Governor within a specific timeframe; but based on my understanding of the Board’s current procedure, they send the petition to the Governor very soon after the hearing & vote because the Board must prepare for the next set of filings.

 3. AFTER THE GOVERNOR RECEIVES THE PARDON FROM THE BOARD, WE MUST WAIT FOR HIS DECISION:

• After the pardon is received by the Governor’s office, it’s reviewed by his staff & then the Governor decides whether to pardon or to deny the petition.
  Timeframe for Governor’s decision: There is no timeframe that requires the Governor to decide on your petition – he can grant/deny the petition immediately upon receipt from the Board or he can grant/deny the petition years after receipt of the pardon. We are now in a holding pattern that’s out of our control.
• Order of granting/denying petitions: There is no order that the Governor is required to follow. You may see in the news that he’s granted pardons filed more recently or later than yours.
• Status: There is no way to call the Governor or the Board and find out what’s going on with your petition. There is currently a backlog left from Gov. Blagojevich so the wait can be several years.
• The only thing you can expect is a decision before the Governor leaves office; however, if the Governor is re-elected, he does not have to decide on previously filed pardons.
• No decision = no news because that means your pardon is still pending. There is nothing we can do except wait for a decision. We cannot re-file while the petition is pending.
• Denial: If the Governor denies your petition, the law requires you wait 1-year to file a new petition. There is no limit on the number of times you re-file, so long as you wait 1-year after each denial. Hopefully, we won’t be denied the 1^st time!
• In the event you’re granted a pardon or the petition is denied, we will contact you immediately.
  If you have not heard from us, it is because we have not received an answer.

  If you have any questions about the process, please call us at any time 312-981-1414 or email us at holderlaw@gmail.com.
  www.xpunged.com

Yesterday was the day for the Chicago hearings for the pardon petitions filed in July. The hearings are held before the Prisoner Review Board, who then make a confidential recommendation to Illinois Governor Patrick Quinn as to whether he should grant the petition or not.

At the hearings, the board will ask all sorts of questions delving into the life of the petitioner, especially when it comes to criminal history. One of the frustrating things I see at these hearings is when petitioners aren’t prepared for these types of inquiries. Usually the unprepared are the ones filing without an attorney. People seem to believe that pardon consideration will only apply to the particular cases that require pardoning. It doesn’t.

I watched one hearing for a woman that filed without an attorney. She apparently did not disclose in her petition an arrest for a DUI that occurred later in life. Her original crime that she requires the pardon for was a possession of a controlled substance. While these aren’t necessarily the same crime, they both suggest the same inability to manage one’s life in relation to recreational drugs. This is definitely something that the Review Board considers, and takes very seriously.

So when this petitioner was making the argument that she is now a good person, the board cut her off to ask about “hidden” DUI. Of course, her response was, “Yeah, but that wasn’t a conviction.” I cringed as soon as I heard that. First of all, by not disclosing the arrest the Board is probably already suspicious of her entire petition. Second, the lack of conviction does not exclude consideration. There is no “innocent until proven guilty” here. The board members are humans and all humans will make presumptions in that situation.

For me, this was just another example of a pardon petitioner that really could have used an attorney. She actually would have had a pretty good case if someone with experience could have framed her argument properly. An attorney would have also known that it is always better to err on the side of disclosure.

Chicago Tea Party Director Stevan Stevlic (photo from Facebook via Sun-Times)

Stevlic was arrested by the Chicago Police on June 25, 2010, in the 1600 block of South Kilbourn for misdemeanor solicitation of prostitution.

Clearly, Stevlic thought, like many people, that since the case was dismissed from court, it was not on his record.

WRONG.

If you have ever been taken into police custody and fingerprinted, you have a record with the police and the FBI. If you are released from the station without being charged, you still have a record. If you are given a court date, a file is now at the courthouse as well. If the judge or the prosecutor dismisses the charges, the courthouse (and the police report) file is not destroyed. 

Stevlic could have avoided this public embarrassment had he filed a petition to expunge the arrest. Instead, his laziness caused his personal issues to be public knowledge.

You may not be interested in a life in politics but this kind of situation can cause anyone to lose credibility and opportunities.

If you think you have a record, call us and we’ll discuss your options. In Illinois, you can expunge or seal most minor offenses. If the offense is more serious, you may need to seek a pardon.

The Law Firm of Tamara N. Holder, LLC
19 S. LaSalle St., Suite 1500
Chicago, IL 60603
312-981-1414 (o)    (312) 332-4629 (f)
holderlaw@gmail.com

On Friday, September 2, 2011, just as we started the long weekend in celebration of Labor Day, Governor Quinn granted 74 pardons. (He also denied 99 requests.)

According to leading pardon authority Professor P. S. Ruckman, Jr. of www.pardonpower.com, “Quinn has acted on a total of 1,529 clemency actions, denying 938 requests and granting 591 acts of clemency.”

When Governor Quinn took Governor Blagojevich’s seat, he inherited thousands of petitions for clemency that Blagojevich had simply ignored. As a result, Governor Quinn has been busy working through the backlog while petitions continue to arrive on his desk.

The Prisoner Review Board (the body that reviews petitions before they are sent to the Governor) hears petitions four (4) times a year. There are filing deadlines for each hearing date.

Our boutique law firm focuses on clemency/pardon petitions, clearing of criminal records through expungement & sealing, and criminal defense. If you’ve ever been arrested, no matter how long ago, no matter if the case was dismissed, you have a record. Let us help you clear a mistake of your past. 312-981-1414 or www.xpunged.com.

* The terms “pardon” and “clemency” are used interchangeably. There are 3 types of clemency petitions: pardon (forgiveness of a crime), commutation of sentence (early release from prison), and reprieve (no longer in use since the death penalty was abolished in Illinois.)