Bill Awaiting Illinois Gov. Signature Will Ease Licensing Barriers Ex-Offenders Face

Applying for a professional or occupational license in Illinois if you have a criminal background can be a difficult process. This is especially true when you do not consult an attorney who can help you navigate around the potential minefields. This past legislative session, the Illinois General Assembly passed Senate Bill 1688 (SB 1688) to help reduce licensing barriers ex-offenders face.

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Will Illinois Be Ready for REAL ID in 2018?

Nowadays, you can’t enter most office buildings without first displaying a driver’s license (DL) or a state-issued identification card (ID).  Starting January 22, 2018, you may not be able to board a domestic flight unless you have a more secure form of identification (e.g., passport, other federally-issued ID). Your state-issued identification won't be accepted. Come October, your state ID may not allow access to a federal facility, a military base, or a nuclear power plant. Why? These IDs won't comply with the REAL ID Act of 2005.

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Is Illinois Poised to Expand the Number of Sealable Felony Crimes?

The last time Illinois expanded its list of sealable felony crimes was in 2014.  That law only added a handful of felony offenses to the list. That may all change if Governor Bruce Rauner signs House Bill (HB) 2373 into law. He has until August 26, 2017, to act. HB 2373 is set to cause the largest expansion of the state’s sealing rules. For the first time felony crimes of violence will be sealable (e.g., aggravated battery, murder). In addition, all felony drug offenses (regardless of its class), residential burglary, and burglary will be sealable. If signed by Gov. Rauner, HB 2373 goes into effect January 1, 2018.

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Few Get Clemency in IL: HB 2373 to Rescue?

The authority to pardon (grant clemency) someone for a crime under state law belongs to the governor. In most states, a pardon restores rights taken away after following a criminal conviction - usually for a felony (e.g., right to vote, hold public office, own a gun). In Illinois, we are fortunate in that the right to vote is automatically reinstated after one is released from prison (no prison sentence, voting rights are never suspended). A pardon is an act of forgiveness, public recognition that someone is fully rehabilitated.

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Expanded Sealing A Criminal Record or Conviction Record Rules Pending in Illinois

As the Illinois General Assembly approaches its deadline for passing legislation this year, two bills are worth watching if you or someone you know has a criminal background. If passed, one bill would permit  more convicted felons to seal their records, while the other bill will make it easier for someone with a criminal record to obtain a professional or occupational license.

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Governor Rauner's 2016 Clemency Record

Following his first year in office, I posted an article about Governor Bruce Rauner’s record of granting clemency. Since then, little has changed. Governor Rauner granted the same percentage of petitions in 2016 as he did in 2015: a mere 3.6%. In 2016, Governor Rauner granted 42 petitions, while denying 1,110. The governor’s clemency approval rate is a far cry from what it used to be.  Under Governor Pat Quinn, one-quarter to one-third of petitions were granted annually.

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