Crime & Traffic

The following question was originally submitted to John Roska, a lawyer and writer for the weekly column "The Law Q&A" in the Champaign News Gazette. The article has been updated to include changes in the law and additional information.

Question

I have a felony conviction that I can't have expunged or sealed. I'm told my only option is to try for a pardon. What is the process, and what are my chances?

Answer

To start with, your chances are low. Gov. J.B. Pritzker granted only about twelve percent of the pardon petitions he reviewed in his first term. While better than Gov. Rauner’s three percent rate, it is still way down from Gov. Pat Quinn's 36 percent approval rate.

When Gov. Pritzker took office in January 2019, clemency advocates were hopeful he would resume a pardon rate closer to Gov. Quinn’s. While his grant of sentence commutations was unprecedented in his first term, his pardon rate only increased marginally. He granted 225 out of the 1,550 petitions he decided. During his second term, only 28 pardons were granted in 2023, and as of July 2024, zero out of 60 pardon petitions were granted.  

By contrast, Quinn granted 1,795 pardons out of 4,928 requests in his six years, while Gov. Rauner granted 110 pardons out of 2,500 requests in his four years.

The state Constitution says: "The Governor may grant reprieves, commutations, and pardons, after conviction, for all offenses on such terms as he thinks proper." The U.S. Constitution similarly gives the pardon power to the president.

This "executive clemency" is the last vestige of absolute power. It is traceable back to omnipotent kings and queens. One court case called it "a classic example of unreviewable executive discretion because it is one of the traditional royal prerogatives."

If, for example, Gov. Pritzker wanted to commute 164 death sentences to life terms, nothing could stop him.

State law requires that petitions for executive clemency go through the Prisoner Review Board. Their regulations set out the process in more detail. The regulations are online, where you can also find the required forms. Among other things, there's no charge to file, and petitions must be typed.

A petition for a pardon includes basic personal information. It must include information about the criminal record you want to be pardoned. It must also include a personal history and a separate explanation of why you want a pardon.

You can submit material or documents to support your petition. Supporting statements are crucial, since what others say about you often carries more weight than what you say about yourself.

A petition for executive clemency is filed with the Prisoner Review Board. Copies must also go to:

• The governor,
• The judge who sentenced you, and
• The state's attorney who prosecuted you.

This gives them the chance to object to or support your petition.

You have a right to an in-person hearing before the board. The board then makes a confidential recommendation to the governor. The governor can then do whatever he wants and take as long as he wants. If your petition is denied, you can try again after one year.

The less violent the crime is and the longer it's been since it was committed, the better your chances of getting a pardon. Most of the pardons that Rauner granted apparently were for nonviolent offenses like forgery, drugs, or theft.

So, understand that it's an uphill climb against the odds. A lawyer once told me that the only time he'd gotten a pardon granted, the petition had been strongly supported by the prosecuting state's attorney and by the sentencing judge. On top of that, the person who got the pardon attended the governor's church.