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What is executive clemency?
Executive clemency is the Governor’s power to grant relief to people with state criminal convictions. In Illinois, this can include shortening a sentence (commutation), forgiving a conviction (pardon), restoring rights such as the ability to own a gun, or allowing a record to be cleared (expungement).
Every clemency petition is first reviewed by the Prisoner Review Board (PRB), which makes a recommendation to the Governor. The Governor has the final say.
What is the difference between a pardon, a commutation, and an expungement?
Pardon: Forgives a conviction and removes some legal consequences, but it does not erase the conviction from the criminal record.
- Commutation of sentence: Reduces or ends a prison sentence, but the conviction stays on the record.
- Expungement: Erases the conviction from public view. In clemency cases, a person can only request expungement if the governor gives permission in the pardon. They must then file a petition for expungement in court to have the conviction removed from their record.
- Pardon and expungement, without firearm privileges: This forgives the conviction and allows the person to ask the court to remove it, but it does not restore the right to apply for a gun license.
- Pardon and expungement, with firearm privileges: This forgives the conviction and allows the person to ask the court to remove it from their criminal record. It also restores the person’s right to apply for a gun license. The Illinois State Police still decides whether to issue the license.
Does a pardon erase a conviction from the record?
No. A pardon forgives the conviction but does not erase it from the record. To have the conviction removed, the person must ask the governor for a pardon with authorization to expunge in the clemency petition. If the governor grants this, a separate expungement request then has to be filed in court. That request should include a copy of the governor’s pardon order showing the authorization to expunge. Learn how to expunge or seal a criminal record.
Who can apply for clemency?
Anyone convicted of a state crime in Illinois can apply for clemency from the Illinois governor. This includes people who are still incarcerated and those who have finished their sentence. The Illinois governor’s clemency power only covers Illinois state crimes. It does not cover federal crimes or convictions from other states. For information on clemency for federal crimes, visit the US Pardon Attorney's website. For crimes in other states, check that state’s government website for information.
When can someone apply for executive clemency?
A person does not have to wait to apply for executive clemency. They can request a sentence commutation at any time while they are serving their sentence. If the request includes a pardon, they must finish their sentence before applying. If a clemency petition was denied in the past, the person must wait at least one year from the denial date before filing again, unless the Chairman of the Prisoner Review Board gives permission to file sooner because there are new important facts or a strong humanitarian reason. Although the law does not require a specific amount of time to pass before applying, many successful pardon applicants wait several years after their conviction or last arrest. Waiting longer can strengthen a petition.
Can someone apply for clemency if they are still incarcerated?
Yes. However, they will not be able to attend the public hearing in person. They can choose someone to represent them and speak on their behalf.
How can clemency improve someone’s life?
Clemency can help people in different ways depending on their situation. For someone who is incarcerated, it may shorten their sentence and lead to release, usually through a commutation. For someone who has already finished their sentence, clemency can help them move forward by reducing the barriers a criminal record creates when applying for jobs, housing, or loans if the record is expunged after a pardon is granted. In these cases, they may request expungement, a pardon and expungement, or a pardon and expungement with restored firearm rights.
What happens after a petition is filed?
The Prisoner Review Board (PRB) reviews the petition for completeness. If something is missing, the PRB notifies the petitioner. When the petition is ready, the PRB schedules a hearing and sends a letter with the date, docket number, and instructions, including fingerprinting.
What happens at the hearing and how long does it take for a decision?
Clemency hearings are open to the public and begin at 9:00 a.m. Cases are heard in the order of sign-in. Up to four people may speak in support of a clemency petition, including the person applying for clemency if they are present. The State’s Attorney can appear and object, and victims may speak if they choose. A panel of three to five members of the Prisoner Review Board (PRB) oversees the hearing and asks questions.
After the hearing, the PRB sends a recommendation to the governor. There is no deadline for the governor to make a decision. The process can take months or even years. When a decision is made, the governor’s office will send a letter in the mail. For more information, see IPP’s Commutation Hearing Guide.
What does it mean if a pardon includes or denies firearm privileges?
If a pardon says “firearm privileges restored,” the governor has lifted the state restriction from the conviction, allowing the person to apply for a Firearm Owner’s Identification (FOID) card or other firearm license. However, this does not guarantee that the FOID application will be approved. The Illinois State Police will review the application and can deny it, if for example, there is a federal restriction.
If a pardon does not include firearm privileges or says they are not restored, the person is not allowed to apply for a FOID card or other firearm license.
How likely is it to get clemency in Illinois?
Clemency is rare in Illinois and most states. In 2024, only four commutations and two pardons were granted out of 496 petitions. In 2023, 28 pardons and 15 commutations were granted out of 597 petitions.
Petitions are more likely to be granted when they are complete, clear, and well supported. Helpful points include showing rehabilitation such as work, education, or community service; explaining a compelling need, like job or family concerns; and including letters of support from employers, mentors, or community leaders.
Is there a filing fee for clemency?
No. Filing is free, but the applicant must pay for documents like Record of Arrests and Prosecutions (RAP) sheets, statewide criminal history reports, certified court dispositions, and possibly notary services.
What types of crimes can be pardoned?
Any conviction in the State of Illinois is eligible for clemency, no matter what the charges were or when the conviction happened. Historically, the longer it has been since the last conviction, the stronger the chance of receiving clemency.
Does getting a pardon clear a criminal record?
No. Getting a pardon does not automatically hide a conviction from public view. Anyone viewing the record will see the conviction, even though it was pardoned. Once a person receives a pardon with permission to expunge, they must then file a petition in court to expunge the pardoned offense.
If a clemency petition is denied or only partly granted, can the person appeal or apply again?
The governor’s clemency decision is final and cannot be appealed. If a petition is denied or only partly granted, the person can file a new petition, but they must wait at least one full year from the date of the decision before submitting a new petition. The Prisoner Review Board (PRB) may waive this one-year waiting period if:
- The petitioner offers in writing new and significant information that was unavailable to the petitioner at the time of the filing of the prior petition, or
- The petitioner can show that a change in circumstances of a compelling humanitarian nature has arisen since the denial of the prior petition, such as a serious new medical condition or a major change in family circumstances that creates an urgent need for clemency.
Should you get a lawyer to apply for clemency?
You do not need a lawyer to apply for clemency in Illinois, but having one can help. A lawyer can make sure the petition is complete, organized, and supported with strong documents. You can use GetLegalHelp to find a free legal aid organization or private lawyer near you. You can also contact the Illinois Prison Project (IPP) and register for one of their virtual clinics to speak with a lawyer. If your loved one is currently incarcerated, they can write to IPP to ask to be considered for representation.
