Chicago Criminal Defense & Expungement Blog

Friday, April 22, 2016

Executive Clemency

On April 13, 2016 I represented a client before the prison review board in his request for executive clemency.  Executive clemency is the last form of potential relief available when a client wants to clear his record but is not eligible for expungement or sealing.  In such a case the individual may request a pardon from the governor which, if granted, would authorize the individual to file a petition to expunge in Circuit Court.  The procedures governing the executive clemency process are set forth in 730 ILCS 5/3-3-13.  In Chicago the hearings are held at the Thompson Center.  In my case there were 4 members of the prison review board presiding when I presented my petition.  I proceeded by way of testimony through my client.  I asked what I believed to be the most relevant questions and my client answered them honestly.  When I was finished the board members had an opportunity to ask my client questions.  In addition a representative from the Cook County State's Attorney's Office was present who argued against the petition and objected to clemency.  I was advised by the administrator in the room that decisions have been taking approximately 2 years.

It is vital that when preparing a petition the attorney takes special note of all of the client's background.  My hearing went last and I had the benefit of watching the prison review board assess numerous other petitions.  The board appears to take a holistic approach that goes far beyond the mere offense in which a pardon is sought.  It is pivotal to express to the board why a pardon is needed and why a pardon is deserved.  Prior to the commencement of the hearings one of the board members read a statement in which he reminded petitioners that they were not there to re-litigate old cases.  In my opinion the board placed its greatest emphasis on rehabilitation and how the petitioner has turned his or her life around.  The process is fascinating and I hope to accept further clemency cases in the future.

Law Office of Jason B. Stevens, P.C. has offices in Arlington Heights, IL and serves clients throughout the Chicago area, including: Cook, Lake, DuPage, McHenry, Kane and Will counties.

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