When I think of all the people who have dutifully followed the rules to obtain a presidential pardon or sentence commutation, it is stomach turning to see people receiving such relief without ever having applied for it.
Since when did it become acceptable to grant pardons to those yet to be charged with a crime? Who knew that there was such a thing as a preemptive pardon? Doling out pardons for family members? I can’t help but shake my head in disbelief.
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 MoreIn recent years, with many people interested in driving for Uber, Lyft, or Amazon, there’s been a sharp increase in the number of people expressing an interest in expunging or sealing their traffic history. Traffic violations fall into one of two categories: petty or criminal. The most common traffic offenses are petty and are only punishable by a fine. More serious traffic offenses are crimes that can result in prison or jail sentences. In Illinois, a traffic violation must be a crime to be eligible to expunge or seal.
Read MoreCriminal Background Check Illinois. How to Pass a Criminal Background Check When You Have a Criminal Record. Can I pass a criminal background check if I have a criminal record? Unfortunately, there is no simple, one-size-fits-all answer, but here’s a guide that will help.
Read MoreCan someone convicted of a felony vote in the upcoming presidential election?
Most states bar a convicted felon from voting while s/he serves time in prison
Only three jurisdictions, D.C., Maine, and Vermont, do not disenfranchise citizens convicted of a felony
A majority of state automatically restore voting rights to individuals once released from prison or after completing all their sentence terms (e.g., parole, probation, payment of fees/restitution)
Voting rights are not automatically restored in six states; individuals in these states must satisfy additional conditions before their rights are restored
Why would anyone hire an out-of-state attorney to expunge or seal their criminal record? In recent years, a number of out-of-state businesses have sprung up offering bargain rate expungement/sealing services.
When someone hires an out-of-state practitioner/entity instead of a local attorney, there’s no guarantee that outsider will be familiar with the local practices of the court who’ll rule on the petition.
Any Illinois attorney who regularly practices in this area knows all too well that from one court district to the next (in Cook County) or from one county to the next, the state’s expungement/sealing law is not interpreted or applied the same way from one judge to the next.
Read More