According to a national database made by the Restoration of Rights Project, Illinois is one of best states in the country to apply for executive clemency.[1] This organization categorizes Illinois as among 17 states where pardons are granted on a “Frequent/Regular” basis.[2]
This was not always the case. The previous Governor, Bruce Rauner, granted only 110 pardons and denied more than 2500 applications during his entire 4 years in office. That breaks down to only 4.5% of petitions being granted. This rate could hardly be described as “Frequent” or “Regular.” This new designation is the result of our current Governor, J.B. Pritzker, implementing a much more liberal and compassionate policy toward executive clemency. In 2019, he issued 21 “regular” pardons and used his pardon power to authorize the expungement of more than 11,000 marijuana possession convictions.[3] In 2020, Governor Pritzker granted 40 “regular” pardon requests.[4] Of the petitions reviewed in 2020, Governor Pritzker has a 60% approval rating for executive clemency petitions.[5] The numbers have yet to come out for 2021, but one can only expect given this positive trajectory that the number of granted petitions will only go up.
Despite this positive news for all those seeking executive clemency in Illinois, Governor Pritzker is up for re-election in November 2022. There is no guarantee he will win. Therefore, we are strongly encouraging eligible pardon candidates to submit their petitions as soon as possible.
If you are or a loved one is considering filing for executive clemency, it is important to understand what executive clemency is, what types of executive clemency are available, what are its effects, what is the process, and who is eligible?
What is Executive Clemency?
Executive Clemency is the power of the Governor, under the Illinois Constitution, to pardon, reprieve, or commute a criminal conviction. Ill. Const. art. V, § 12. A pardon is a governmental recognition of a wrongful conviction or an official act of forgiveness for the commission of a crime. A reprieve is “the postponement of the execution of a sentence.” People Ex Rel. Madigan v. Synder, 208 Ill.2d 457, 475 (2004). A commutation reduces the length or severity of a sentence. It “removes a judicially imposed sentence and replaces it with a lesser, executively imposed sentence.” People v. Rissley, 206 Ill.2d 403, 463 (2003).
What is the effect of Executive Clemency?
In terms of a pardon, Illinois caselaw states that, “[A] pardon removes the penalties and disabilities (resulting from the conviction) and restores the [individual] to all his civil rights.” People v. Glisson, 358 N.E.2d 35, 38 (Ill. App. Ct. 1976), aff’d in part, rev’d in part on other grounds, 372 N.E.2d 669 (Ill. 1978). Despite this language, the law is also clear that “the effects of a pardon are not unlimited.” People v. Glisson, 69 Ill.2d 502 (1978). While a pardon automatically restores one’s right to hold public office, it does not automatically expunge the record of the offense or restore an individual’s 2nd amendment rights, for example. The pardon must specifically grant the petitioner the ability to expunge the offense, as well as, specifically allow for the restoration of their 2nd Amendment rights. People v. Thon, 319 Ill.App.3d 855 (2nd Dist. 2001). The petitioner will have to expunge the record of the offense in order to actually erase any record of his offense or restore his right to bear arms. 18 U.S.C. § 922(g)(1) (2012).
For commutations, their effect generally is the release of the petitioner from incarceration or a significant reduction of their remaining sentence. Reprieves simply delay the execution of a sentence, meaning any incarceration or form of punishment for the conviction is postponed for a certain time period.
What is the Process of filing an Executive Clemency Petition?
The process begins with the filing of a petition for executive clemency with the Illinois Governor Review Board. The petition is a comprehensive document covering a wide variety of topics, including but not limited to, the petitioner’s family history, employment history, criminal history, rehabilitation, and specific reasons for seeking clemency, among others. Petitions must be filed within specified deadlines with the Illinois Prisoner Review Board. After filing, a hearing is set with the Prisoner Review Board to present the contents of the petition with testimony and witnesses, if necessary.
Who is Eligible to File?
Any individual who was convicted of an offense under Illinois law and sentenced in any circuit court throughout Illinois is eligible to file for Executive Clemency. Individuals convicted of Federal crimes and violations of the laws of other States are not eligible for executive clemency in Illinois. There is no waiting period or time limit to the filing of a petition for executive clemencies. While an individual can immediately file a petition for executive clemency upon conviction, the overwhelming majority of granted petitions (not including petitions for reprieves) have at least some significant amount of time between the conviction and the filing of the petition.
Should You Apply for Executive Clemency?
Whether or not you should file a petition for executive clemency is a decision you should make with the assistance of an experienced pardon/clemency attorney. At Robert Callahan & Associates, our attorneys have helped countless petitioners over the years determine when, how, and if their petition will be successful. Since Governor Pritzker took office, our firm has successfully been granted over 10 executive clemency petitions for our clients. The pardoned offenses range from Domestic Battery to Armed Robbery. When we take on a new client, we employ a tested method and procedure for drafting each individual petition. We also spend a significant time preparing for the hearing in front of the Illinois Prisoner Review Board. There really is a “right way” to go about this process, and our success rate speaks for itself. Call or email us now for more information we’ll get started drafting your winning petition today.
[1]https://ccresourcecenter.org/state-restoration-profiles/50-state-comparisoncharacteristics-of-pardon-authorities-2/
[2]https://ccresourcecenter.org/state-restoration-profiles/50-state-comparisoncharacteristics-of-pardon-authorities-2/
[3]https://ccresourcecenter.org/state-restoration-profiles/50-state-comparisoncharacteristics-of-pardon-authorities-2/
[4]https://www.abridgeforward.com/blog/in-2020-gov-pritzker-used-clemency-authority-granting-unprecedented-no-of-commutations-but-reinstating-few-pardons-with-gun-rights
[5]https://www.abridgeforward.com/blog/in-2020-gov-pritzker-used-clemency-authority-granting-unprecedented-no-of-commutations-but-reinstating-few-pardons-with-gun-rights
