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Illinois Clemency & Pardons Lawyer

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    Illinois Pardons and Executive Clemency Attorneys

    Having any type of criminal offense or conviction on your record can hang over you long after the offense occurred.  Your conviction record can affect nearly every aspect of your life, including where you can live, where you can work, where you can go to school, and how others may generally treat you.  Even after you have done your time, paid your debt to society, or shown that you can be rehabilitated, your past mistakes can still haunt you without remorse.

    Illinois Pardon Cost

    The processing of applying for a pardon in Illinois can be a costly one. It’s not atypical for some attorneys in Illinois to charge upwards of $5,000 for clemency services. When applying for executive clemency, keep in mind that the process is not a short one, and oftentimes can take over one year before the Illinois Prisoner Review Board reviews the case.

    We understand that attorneys can be expensive, and especially in 2021, hard times are going all around. That’s why we proudly offer exceptionally-high quality representation at an affordable price because we believe justice shouldn’t only be for the rich. Below find a chart of our price guide for Illinois pardons and executive clemency services.

    When we handle an Illinois pardon petition, your case is broken down into two parts. The application phase and the hearing. Our flat fee includes all the costs associated with the filing of the application and filing process. This includes drafting your petition, gathering and reviewing any necessary court records, and filing the application with the Illinois Prisoner Review Board.

    If you choose to have a hearing with the Illinois Prisoner Review Board, there is a separate fee for having an attorney appear with you in person in front of the Review Board. You ARE NOT required to have and go to a hearing in person in front of the Illinois Prisoner Review Board.

    If we are successful in getting clemency granted and as part of the relief granted you are allowed to file to have your case expunged, we will handle it for free.

    Our Law Firm does offer a price match guarantee for all of our record sealing services, including Pardon and executive clemency cases. All you have to do is send us the other law firm’s quote and we will happily match it.

    What If My Record Cannot Be Expunged or Sealed?

    Unfortunately, only certain criminal offenses can be expunged or sealed.  Although most misdemeanor and felony offenses qualify for sealing, certain driving offenses, such as driving under the influence and reckless driving, domestic batteries, and most sex offenses do not qualify.

    However, even if your record is not eligible for expungement or sealing, Olson & Reeves can still help you by applying to the Governor of Illinois for clemency or a pardon.

    What is a Pardon?

    A pardon is considered an “act of executive grace” by the Governor, which nullifies the legal consequences of a criminal conviction.  A pardon forgives the offender of a crime, which allows the person to clear his or her criminal record.  However, it does not necessarily remove guilt or expunge a conviction.  A pardon can help someone obtain a job, find housing, go to school, or even obtain a loan.

    What Criminal Offenses Can Be Pardoned?

    All state criminal offenses are eligible for a pardon.  The Governor’s decision to issue clemency or a pardon is extremely broad and “cannot be controlled by either the courts or the legislature.” People ex rel. Madigan v. Snyder, 208 Ill.2d 457 (2004). This is because the Governor’s pardon power comes directly from the Illinois Constitution Art. V, § 12, which states that:

    “The Governor may grant reprieves, commutations and pardons, after conviction, for all offenses on such terms as he thinks proper. The manner of applying therefore may be regulated by law.”

    The only criminal offenses not eligible for clemency or pardon are federal offenses or convictions that occurred in another state.  Requests for clemency for federal criminal offenses are processed by the United States Department of Justice and the Office of the Pardon Attorney.

    What Is The Process For Applying For Clemency?

    In order to handle and assess requests for clemency or pardon for state criminal offenses, the Illinois legislature established the Prisoner Review Board is a separate and independent body composed of members who are appointed by the Governor.  The Board was established, in part, to review requests for clemency or pardon, and then make a recommendation to the Governor’s office as to whether the application should be granted or denied.

    The procedure for applying for executive clemency is laid out by statute at 730 ILCS 5/3-3-13.  The petition must be addressed to the Governor and filed with the Prisoner Review Board.  The application must lay out a brief factual history of the petitioner’s criminal history, including: 

    • The name of the offense
    • County of conviction and any case numbers
    • When sentencing occurred
    • The sentence that was imposed
    • The amount of time served and the date of discharge
    • Whether the conviction(s) were by jury verdict, bench trial in front of the judge, or by guilty pleas.
    • The status of pending appeals (if any)

    In addition, the application must persuasively argue why the Governor should pardon or grant clemency for the criminal offense.  Arguments for this may include how long ago the offense occurred, any unique circumstances surrounding the criminal offense, as well as evidence and testimony laying out any personal and professional accomplishments of the petitioner demonstrating that he or she has been rehabilitated and is otherwise a contributing member of society who is deserving of a second chance.

    How Does the Illinois Prisoner Review Board Decide Whether to Grant or Deny a Request for Clemency or Pardon?

    When reviewing an application for clemency or a pardon, the Illinois Prisoner Review Board may consider a multitude of factors in determining whether the application should be referred to the Governor’s office for approval or denial.  These considerations include:

    • Specific or unique circumstances surrounding the offense;
    • The severity of the offense
    • Whether the applicant has engaged in and completed any rehabilitation efforts 
    • Any personal or professional accomplishments or achievements demonstrating that the applicant is an active and contributing member to society
    • The necessity of the pardon, such as whether particular rights or opportunities are being denied, including the right to own a firearm
    • Whether the applicant is eligible for and has attempted, other remedies such as expungement or sealing

    In addition to the above factors, the Prisoner Review Board may consider any other factors that it deems relevant.  In essence, the Board’s review process is wide-ranging and the specific factors, including how they are weighed by the Board, can change depending on the particular facts and circumstances of each application.

    What Types of Clemency Are There?

    There are several different types of clemency available, and the type of clemency that someone should apply for depends on his or her particular situation and what type of relief he or she is requesting.  These types include:

    • Absolute Pardon, which forgives any and all legal consequences of the criminal conviction.
    • Partial Pardon, which forgives some, but not all, legal consequences of a criminal conviction.
    • Commutation, which reduces prison sentences and allows the detainee to get out of prison early
    • Reprieve, which merely delays or pauses the execution of a sentence.

    In addition to the granting of a standard pardon, the applicant can also request leave to file a request with the Illinois circuit court to have the same criminal conviction expunged and removed from his or her record.  A pardon can also grant the person authorized to apply for a Firearm Owners Identification Card (FOID) and restore his or her right to own a firearm.

    What is the Effect of Being Granted Clemency or a Pardon?

    The grant of a pardon does not erase the underlying criminal conviction nor does it erase the guilt of the person.  Instead, it releases the person from any further punishment.  A pardon forgives the underlying offense, but it does not necessarily forget the fact that the underlying offense occurred.

    In order to have the underlying offense removed from a person’s record, the pardon can grant the person authorized to apply for judicial expungement as well.  In addition, a pardon can authorize a person to apply to have his or her firearm rights reinstated.   

    How Olson & Reeves Can Help You Apply for Clemency or Pardon

    Understanding and navigating the procedures to apply for executive clemency can be daunting.  The process is long and onerous, often taking over 12 months just for a decision to be rendered.  If a person’s initial application is denied, the person must wait at least one year before he or she can file a second petition.  Given this lengthy process, you want to make sure your application is done right the first time.

    By hiring Olson & Reeves, we will assist you every step of the way and help you navigate the rigorous requirements involved in requesting clemency or a pardon. We will assist in drafting a persuasive and compelling petition that demonstrates why you are an ideal candidate for clemency.  We will also attend and represent you at the hearing where we will make your case before the Prisoner Review Board.

    Driving Directions to Our Illinois Law Offices 

    Mt. Vernon Office

    Olson & Reeves, Attorneys at Law 
    1015 Broadway
    Mt. Vernon, IL 62864
    Phone: (618) 316-7322

    Centralia Office

    Olson & Reeves, Attorneys at Law
    310 S. Elm Street
    Centralia, IL 62801

    Contact Our Illinois Clemency and Pardons Attorneys Today!

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