Proposed Bill Would Automatically Seal Criminal Records
Assistant Majority Leader Jehan Gordon-Booth of the Illinois House of Representatives recently announced legislation that would automatically seal the criminal records of non-violent offenders. The measure, which has received support from some prosecutors and law enforcement groups, could seal the records for nearly 3 million Illinois residents, with the stated aim to help those with criminal records have an easier path to employment and housing, the bill’s sponsor laid out. “We believe that job opportunities, housing opportunities should not be held hostage to a prior offense. It’s about helping people to move their lives forward,” Gordon-Booth said. Under the proposal, criminal records would not be expunged but rather sealed off from public view and law enforcement would maintain access to such records for the to-be enumerated offenses, with it being speculated that such offenses included would likely be nonviolent crimes such as retail theft and nonviolent drug crimes among others. It is worth noting that under current Illinois law, many of these and other types of offenses are already eligible for sealing and/or expungement depending on the charged offense and/or the type of disposition in an individual’s criminal record. However, many people are most likely unaware and/or confused by the process, with fewer than 6,000 people ultimately utilizing the sealing process annually. With legislation needing to be passed by the end of May to get to Governor JB Pritzker’s desk in time for the spring session, anyone who thinks they may be eligible to seal and/or expunge their criminal record should reach out to an experienced criminal defense attorney who can help them navigate the process and check to see if they are already eligible for the relief sought by the bill.
Split Emerging in Illinois Assembly on Criminal Justice Reform
While many Democrats in the Illinois State Assembly are focused on what is commonly referred to as progressive criminal justice reform, there are some moderates in the party that are starting to push back against some of the proposed legislation and vote with their Republican colleagues. The split was on display last month when a bill that would have provided additional resentencing options for individuals who committed their crimes before they were 21 years old failed to garner enough support to pass the House of Representatives vote. State Rep. Justin Slaughter, who sponsored the sweeping and controversial 2021 criminal justice reforms known as the SAFE-T Act that, amongst other changes, eliminated cash bail in the state, acknowledged the split amongst factions of the party saying that reforms need “the right mix of fairness in the justice system without disturbing the goals of enhancing public safety and ensuring accountability.” Another House Democrat, Eva-Dina Delgado summarized the competing reform stances of the party, saying “I think we have to be thoughtful about how we change the system and make sure that those that are charged with keeping us safe have the tools that they need and at the same time, we are dealing with the root causes and creating opportunities particularly for young people to live their best lives.” Still, measures such as seeking to create a statewide public defender’s office to assist cash-strapped counties, clarifying access to Illinois Prison Review Board for youthful offenders, and eliminating barriers for post-conviction petitioners for youthful offenders have passed one of the state assemblies, though individual Democrats have voted with their Republican counterparts in some instances opposing these measures. With additional proposed bills garnering support that would eliminate the state’s truth-in-sentencing law that we have previously covered, as well as a recent bill that would prohibit officer’s from relying on the odor of cannabis to search a vehicle that appears to be heading to a vote in the House of Representatives, it will be interesting to see if Democrats will continually be able to pass progressive criminal justice reforms. Academics, law enforcement, current defendants, as well as those convicted and/or incarcerated and their loved ones are all paying close attention to these developments and what it could mean for all stakeholders in the criminal justice system and those hoping to avoid or escape it.
