Illinois Clemency, Criminal Defense, and Civil Rights FAQ Clemency in Illinois
What is clemency and how does it work in Illinois? Clemency is mercy from the Governor after a conviction. It can forgive a conviction, shorten a sentence, or pause punishment. You submit a petition to the Illinois Prisoner Review Board. The Board holds a hearing, gathers input, and sends a confidential recommendation to the Governor. The Governor makes the final decision.
Who qualifies for a pardon in Illinois? Anyone with an Illinois conviction may apply. There is no waiting period set in stone. Strong petitions usually show time since the offense, rehabilitation, community service, steady work or schooling, a clean record since conviction, and reasons why relief is needed.
What is the difference between a pardon, commutation, and reprieve? Pardon removes the conviction and may authorize expungement. Commutation shortens or changes a sentence without erasing the conviction. Reprieve pauses punishment for a limited time, often for humanitarian or practical reasons.
How long does the clemency process take in Illinois? It varies. Petitions are scheduled in hearing dockets during the year. After the hearing, the Board sends a recommendation to the Governor. A decision can take months. Plan for a long runway and keep contact information current.
How do I apply for clemency in Illinois? File a typewritten petition with the Prisoner Review Board. Include your case history, reasons for relief, proof of rehabilitation, and letters of support. If you want expungement after a pardon, ask the Governor to include authority for expungement in the pardon.
Can I expunge my record after receiving a pardon? Yes, if the Governor’s pardon specifically authorizes expungement. After that, you file a separate petition in the circuit court to expunge the arrest and court records. If the pardon does not grant expungement authority, you cannot expunge on that basis.
What are my chances of getting clemency in Illinois? There are no guarantees. Results depend on your history, the nature of the offense, rehabilitation, community support, the views of those affected, and the Governor’s judgment. A clear, candid, well supported petition improves the odds.
What does the Illinois Prisoner Review Board do? The Board receives petitions, schedules hearings, takes testimony, and sends confidential recommendations to the Governor. The Governor decides whether to grant or deny.
How can a clemency attorney help with my petition? An attorney helps build a complete record, gather supporting documents and letters, frame your narrative, prepare you for questions, and present your case at the hearing. Counsel also guides next steps if relief is granted or denied.
Does the Governor of Illinois approve all clemency cases? No. The Governor has full discretion and may grant or deny any petition.
Criminal Defense in Illinois
What should I do if I have been charged with a crime in Illinois? Stay calm. Do not discuss the case with anyone but your lawyer. Do not post about it online. Ask for a lawyer and do not answer questions once you ask for counsel. Save all paperwork and evidence. Write down everything you remember including names, dates, and locations.
Can I get my criminal record sealed or expunged? Many arrests and some convictions can be sealed or expunged. Eligibility depends on the offense, outcome, and time since the case closed. Some violent or serious offenses are not eligible. A pardon with expungement authority can open the door to expungement even for convictions that would not otherwise qualify.
What are my rights during a police investigation? You have the right to remain silent. You have the right to an attorney. You can ask if you are free to leave. You do not have to consent to a search. Be respectful and clear. Say you wish to remain silent and you want a lawyer.
How long does a criminal case typically last in Illinois? It depends on the charge, the court’s calendar, discovery, motion practice, and negotiations. Some cases resolve in weeks. Others take many months. Felonies usually take longer than misdemeanors.
What is the difference between a misdemeanor and a felony in Illinois? A misdemeanor carries a maximum penalty of up to one year in local jail. A felony carries a potential sentence of more than one year in prison. Felonies also carry greater collateral consequences for employment, housing, and licensing.
Civil Rights in Illinois
What are civil rights violations in Illinois? Civil rights violations include unlawful searches and seizures, excessive force, false arrest, malicious prosecution, discrimination in employment or housing, and denial of due process. These claims can arise under federal law and state law.
Can I sue for police misconduct or wrongful arrest? Yes. Many claims are brought in federal court under Section 1983. You usually have two years from the incident to file suit in Illinois. There may be additional notice or timing rules for related state law claims. Speak with a lawyer quickly so evidence is preserved.
How do I file a civil rights complaint? Start by consulting an attorney to evaluate your claims and deadlines. Steps often include preserving evidence such as body camera video and medical records, sending preservation letters, and filing a lawsuit in federal court. For discrimination claims you may also file with the Illinois Department of Human Rights or the EEOC before suing.
We help clients move forward. If you want a review of your situation, we will look at your facts, your goals, and your deadlines, and map a plan you can act on.