This pamphlet provides an overview on pardons. Topics covered include types of pardons, the effect of a pardon, and presidential pardons for federal crimes.
Illinois USLegal Pamphlet on Pardons or Clemency
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Restoration of Key Rights If you are convicted of a felony, you will lose your right to own a gun, receive a passport, serve on a jury, and hold public office. Receipt of a pardon restores these rights, enabling you to become an integral member of your community.
A pardon restores rights that you lost upon being convicted, but it does not ?erase? your criminal record. To clear your criminal history completely, you must have an expungement. A pardon, however, is a necessary step in the process toward expungement for some serious crimes.
Some first time Class 4 felony drug offenses can be expunged and sealed, but these are exceptions and not the rule. All other felonies will remain on your record and can only be removed with a Governor's pardon.
Any conviction in the State of Illinois is eligible for clemency, no matter what the charges were or when the conviction occurred. Historically, the longer it has been since your last conviction, the stronger chance you have of receiving clemency.
Clemency is a general term used for the act of reducing the penalties of a crime, similar to a commutation. Also, pardons are actually considered a form of clemency. If you receive a pardon, you are always receiving clemency, but if you receive clemency, you are not always receiving a pardon.
Clemency is an important part of the criminal justice system that can: incentivize accountability and rehabilitation; increase the safety of the people working and serving sentences in our jails and prisons; increase public safety by removing counterproductive barriers to successful reentry; and.
Among the reasons given for the granting of clemency in capital cases are: mental illness of the defendant, a co-defendant who was given a lesser sentence, inadequate legal representation, and evidence that the defendant may have been wrongly convicted.
The only way to get rid of a criminal record that can't be expunged or sealed in Illinois is to get the governor to pardon you. While it's not always easy ? Governor Pat Quinn has pardoned about 37 percent of the people whose cases he's evaluated since taking office ? it can be done.
