Every so often my powers of persuasion fail me and I am unsuccessful in convincing someone of the value of expunging and sealing their criminal record. One person, in particular, is always top of mind. Ian and I crossed paths shortly after he got fired. At the time, Ian was focused on suing his former employer for wrongful termination. Knowing that Ian was not going to get his job back, I tried to convince him to get his criminal record sealed.
Read MoreRecently I was talking to a downstate Illinois legal aid attorney about expungement/sealing practices in a county across the border from St. Louis.
I told her how some judges in the northern portion of the state routinely seal cases eligible to expunge when state prosecutors object to expunging the record. The attorney exclaimed: “Why would they do that?” It’s a question that I’ve been asking myself a lot lately.
Read MoreEmployers Persist in Asking Improper Criminal History Questions. How Does a Job Applicant Respond? Recently I was contacted by an individual who was certain an employer had asked him an illegal criminal history question. The employer had offered the caller a job contingent on “passing” a criminal background check. At the same time, the caller was given an employment application to fill out that included this question: Have you ever been named a party in a civil or criminal case?
In Illinois, there is only one question a private employer can legally ask: Have you ever been convicted of a crime? Illinois Human Rights Act, 775 ILCS 5/2-103-103.1.
Read MoreDo you know that a criminal conviction – any conviction – will disqualify you from attending nursing school (or any other licensed health care worker program) in Illinois? Fortunately, for Illinois residents, we have a law that authorizes the sealing of most criminal convictions. In those cases where a conviction can’t be sealed (e.g., domestic battery), there is another remedy: seeking a pardon from the governor (and permission to expunge).
Read MoreBack in 2020, I questioned why the Illinois State Police (“ISP”) was providing flawed appeal guidance to individuals denied a FOID card due to a felony conviction. At that time, Illinois law no longer gave those with a felony conviction a right to go into court and ask a judge to order the ISP to issue them a FOID card. It wasn’t until 2021 that a convicted felon could once again ask a judge for such relief.
Read MoreI was first contacted by Jay (not his real name) in late 2018. He was interested in petitioning for clemency to get his gun rights reinstated. In 2012, Jay applied for a FOID card but his application was denied because of a 1992 non-violent felony conviction. He filed an appeal but never received a response from the Illinois State Police (“ISP”). In 2019, I filed Jay’s clemency petition. This was early in Gov. J.B. Pritzker’s first year in office -- too early to tell how he was going to exercise his clemency authority. Jay’s hearing before the Prisoner Review Board went well. I remained confident that Jay would receive a pardon and get his gun rights reinstated. It turned out I was only half right.
Read More