AS NUMBER OF JOBLESS INCREASES, NUMBER OF THOSE IN NEED OF GOVERNOR'S PARDON INCREASES

The jobless crisis brings another dimension to the discussion: those with criminal records, whether a felony conviction or a simple misdemeanor arrest, are going to have a tougher time getting a job. In Illinois, people with misdemeanor arrests can generally expunge or seal their records from the general public view. But, in Illinois, felony convictions (besides a special type of probation given to a select class of drug or prostitution offenders) are permanently on your record...unless...the Governor grants you a pardon, otherwise known as executive clemency.

Background checks are becoming more and more prevalent. Employers are using the background check as a tool to easily weed out potential employees. Recent studies show that there are six applicants per one job opening. If you have a criminal record, the employer is probably very likely to toss you from the pile and move on to the other applicants.

In Illinois, Governor Blagojevich left approximately 2500 pardon petitions on his desk when he was tossed from office. Since Governor Quinn has stepped in, almost a year ago, he has granted just 18 pardons. Keep in mind, the backlog has grown even more - the Illinois Prisoner Review Board hears cases four times a year. So I bet there are at least an additional 500 stacked up for Governor Quinn.

That doesn't mean you shouldn't ask for a pardon if you need one. Hey, you don't get unless you ask. Or, you can always retain me and I'll do the asking for you!

In April 2009, Governor Quinn called the backlog "shameful" and vowed to start answering the petitions. But, since then, he has only granted 18.

People need pardons, especially in this poor economic time. Many people think a pardon is just for the serial killer or child rapist who served time in prison. Not true! Did you know that if you ever pleaded guilty or were found guilty of a felony and were sentenced to probation -- besides a few exceptions -- you are a convicted felon and you need a pardon if you want a cleared record! We must change the way society thinks about a pardon. The majority of my clients are seeking a pardon for a stupid mistake they made in their early 20's. Now, 10, 20, 30 years later, the person wants to move forward in their life and the felony probation keeps popping up on a background check.

Those who made a mistake should not have to pay for it for their entire life.

Our Governor, and governors across the country, can send a signal to society by granting pardons - We must be a more forgiving and less punitive society. Those who can prove rehabilitation should be entitled to eventually wipe their slate clean and leave the past in the past.

I cannot explain the feeling I get when I see the pain in an entire family's eyes, just because of a loved one's mistake. I cannot explain the feeling I get when I see a client who regrets making a stupid decision and has lost so much confidence because he cannot get a job. One of my clients recently applied for over 50 jobs in 8 months. Each time, his felony theft from over 10 years ago pops up.

Pardons are not just for the "underbelly" of society. You would be surprised to know most people in need of a pardon look just like you and me.

The Governor is the only person who can grant a pardon. He has a specific, enumerated power given to him; therefore, he must act on those requests. It is unfortunate the the Illinois Prisoner Review Board continues to do their job: they hear countless cases, stories, reasons, etc. from countless petitioners and countless parents. Unfortunately, all they can do is "recommend" denial or granting and then move onto the next case. Governor Quinn must start acting on that "shameful" backlog.

www.xpunged.com and www.tamaraholder.com

HERE'S INFORMATION FOR YOU ON ILLINOIS PARDONS

DO YOU WANT A PARDON? IF SO, WE PREPARE YOUR PETITION!

WHAT IS A PARDON?

There are two kinds of pardons: 1) Federal pardon, and 2) State pardon. If you have been convicted of a federal crime, the only person who can grant you a pardon for that crime is President Barack Obama. If you have been convicted of a state crime, the only person who can grant you a pardon for that crime is the Governor of the state where you were convicted. For example if you were convicted in Illinois, the only person who can pardon you is Governor Pat Quinn.

DIFFERENT TYPES OF “PARDON POWER”
1) Clemency: this term is used interchangeably with the other terms below. There are different types of clemency.
a. Pardon: You are asking for forgiveness of your conviction, whether you are in prison or you have already served your time.
b. Commutation: You are in prison and you are asking for your sentence to be reduced. This is not a pardon but you are getting out of prison earlier than the original sentence.
c. Reprieve: You are in prison and you are asking for the death penalty to be stayed.

PROCESS
Each state has a different procedure as to how someone would go about seeking clemency. In Illinois, a person seeking clemency must:
1) Submit a petition to the IL Prisoner Review Board: this petition includes all the information about your case and why you feel you should be pardoned by the Governor. (You can retain us to prepare & submit your petition!)
2) Optional hearing before the Board: After the petition has been submitted, you have the opportunity for a hearing; you present your case before the Board as to why you should be pardoned. (We also appear at your hearing!)
3) The Board makes a confidential recommendation to the Governor, whether they think you should be pardoned.
4) The petition awaits final denial or approval from the Governor. By law, the Governor is not required to make a decision within any period of time. That means you must wait for an answer. You cannot even re-petition the Governor if no decision has been made.

DENIAL: If the Governor denies your petition, you can re-petition one year after the denial. You are never completely barred from seeking a pardon. Keep asking until you are granted the pardon!

APPROVAL: If the Governor grants your pardon request, he will (in most cases) also request an order from the court that your record also must be expunged. A pardon alone, without the order to expunge, does not remove the record of conviction from public access. If you were asking for a commutation of sentence, you will be released from prison; however, a commutation does not mean your conviction will be removed.

WHAT ARE MY CHANCES OF RECEVING A GOVERNOR’S PARDON?

Your chances of a pardon are as good as the petition you submit: There is no guarantee that your pardon will be granted because the final decision is left up to one person: the Governor. If a pardon is your only option, then you should petition for one; otherwise, the felony conviction is on your record forever. Your chances are as good as your case. If you made one mistake many years ago and since then you haven’t been in trouble, you have gotten a job and have raised a family, then your chances are better than the person who has been arrested several times since the conviction, has no job experience and no education. The better you can present yourself and your case to the IL Prisoner Review Board and the Governor, the better your chance of receiving the pardon. You don't get unless you ask and you have nothing to lose for asking, so ask for that pardon! We suggest hiring an attorney who knows how to prepare a petition for clemency. Just like you would hire a divorce attorney to help you with your divorce, you should hire a pardon attorney to help you seek a pardon!


SUCCESSFUL COMPLETTION OF FELONY PROBATION – DO I NEED A PARDON?

Just because you did not go to prison, that does not mean you don’t have a conviction. In fact, to the contrary; felony probation is a conviction, just as much as going to prison. The judge could have sentenced you to prison but instead he gave you felony probation. Felony probation is not expungeable, and it is not sealable. (Exception: if you were given “1410 Probation” and that’s usually given to people convicted of Class 4 PCS or Class 4 Prostitution.) Unless you fall into this exception, your only option is to seek a Governor’s pardon.

WHAT ARE MY CHANCES OF RECEVING A GOVERNOR’S PARDON?

Your chances of a pardon are as good as the petition you submit: There is no guarantee that your pardon will be granted because the final decision is left up to one person: the Governor. If a pardon is your only option, then you should petition for one; otherwise, the felony conviction is on your record forever. Your chances are as good as your case. If you made one mistake many years ago and since then you haven’t been in trouble, you have gotten a job and have raised a family, then your chances are better than the person who has been arrested several times since the conviction, has no job experience and no education. The better you can present yourself and your case to the IL Prisoner Review Board and the Governor, the better your chance of receiving the pardon. You don't get unless you ask and you have nothing to lose for asking, so ask for that pardon!

HOW LONG DO I HAVE TO WAIT FOR THE GOVERNOR TO DECIDE?

No news is good news. If you haven't heard anything, that means your pardon is sitting on the Governor's desk, waiting for a decision to be made. Ex-Governor Blagojevich left approximately 2600+ on Governor Quinn’s desk. Many people are just like you: waiting for an answer. Until a decision has been made, you cannot even re-petition. The only thing you can do is continue to wait. The Governor has no statute of limitations on how long he can "sit" on the petitions before making a decision. Don't fret; you don't know how many of those petitions are really worthy of a pardon, how many were submitted individually or through an attorney and how many are prisoners asking to be released or people living in society with felony convictions.

www.xpunged.com and www.tamaraholder.com

FEDS IN CALI TO AID STATE IN PROSECUTING STREET GANG MEMBERS = THE UNSOLVED PROBLEM: INCARCERATION DOES NOT REDUCE CRIME & THERE MUST BE AN ALTERNATIVE TO AMERICA'S PUNITIVE NATURE!

As you probably know, the U.S. is the most incarcerating country in the WORLD!  1 in 100 people in America are in jail or prison.  On October 16, 2008, the Wall Street Journal published this article:   Federal Law Enforcement Helps To Tackle Expanding Gang Problem .  Basically, the Feds are now stepping in to charge alleged gang members with federal crimes; whereas, in the past, the state usually brings forth charges against gang members for crimes. 

 “The greater Los Angeles area is "the nation's capital when it comes to street gangs," said Thomas P. O'Brien, the U.S. attorney for the central district of California, an area with over 18 million people that includes Los Angeles and Santa Barbara.” 

"There really is no comparison to what the U.S. attorney's office is now doing down at the local level," said San Luis Obispo County Sheriff Patrick Hedges, whose department took part in a federal prosecution announced last month against 17 alleged gang members in Santa Maria, a city of 91,000 about 160 miles north of Los Angeles.

Essentially, the Feds are sending a message to the State of California that the state can’t “handle” the gang problem, so the Feds will do the work.  It’s my belief that the reason for this movement is to get gang members incarcerated for longer periods of time.  Federal term limits are usually longer and inmates usually have to serve their entire sentence; whereas, in state cases, many times an inmate only has to do 50-75% of the time. 

Last year Senator Dianne Feinstein (D-California) allegedly sought and received approximately  $7.8 billion to build $53,000 prison cells in California. $7.8 billion!!!!!! Including this statement from her website : For the 2008 FY Budget: 

Mendota Prison - I am pleased that the President and the Justice Department have responded to my repeated reque sts for the federal government to finish construction of the 1,280 -bed federal prison in Mendota, California.  This partially-completed prison has been sitting half-finished for several years, but the President’s promise of $115 million in his budget should finally allow this facility to be completed and start receiving inmates by 2010 – bringing needed jobs to this area of California and adding needed medium-security bed space for male inmates sentenced for federal crimes.  That equates to approximately $90,000 of taxpayer money going to each bed for “medium” security inmates.  And keep in mind, money has already been put into this prison.  The state is seeking an ADDITIONAL $115 million.  

And even though I am a criminal defense attorney, I do not condone gang activity, nor do I believe we shouldn’t punish gang members.  I don’t like drugs on the streets, drive-by shootings and violence over street corners.  In fact, I visited the LA County jail last year.  I have never felt so afraid.  You could just feel the tension between the Hispanic and Black population.  This is coming from a woman who makes weekly visits the largest jail in the country: the Cook County Jail in Chicago.

Incarceration does NOT solve the problem of gangs, violence, drugs, crime.  We must find a way to reduce the punitive nature of this country and spend those billions into educating our youth and providing job security. 

The Feds stepping in to prosecute more people will not solve any goal to remove gangs from our streets.   

 www.xpunged.com and www.tamaraholder.com

Another Petition for Clemency on Gov. Blagojevich's Desk - They Keep Piling Up, He Keeps Ignoring Them

ACCORDING TO THE CHICAGOIST: Now Cleared, Logan Waits For Daley Apology

After waiting for 26 years to earn his freedom, Alton Logan has learned some patience. Which is good, because we're pretty sure he'll be waiting for a while  to get the official apology from Mayor Daley he's looking for . Daley was the State Prosecutor at the time Logan was convicted. Said Logan:

There's only one person whose mouth I want to hear that [apology] come out of, but I know he'll never say it... your mayor...He [Daley] was the man that signed the death certificate. That's the only apology I want. But I know I'll never get it.

Well, at least he's realistic. For his part, Mayor Daley claims to not even remember the Logan case, claiming, "I have no idea [whether an apology is warranted]. You know how many cases we had in the state's attorney's office?" Logan also plans to pursue an official pardon from Gov. Blagojevich which would qualify him for $200,000 in compensation.

On Thursday morning, charges against Logan, who had been in prison for 26 years for a crime another man admitted to,  were formally dropped  and Judge James Schreier  dismissed the case , saying, “Your long personal nightmare is over. Hopefully you’ll live a long life as a free man, maybe even see your White Sox in another World Series." Amen.

Tamara to Mr. Logan - DON'T HOLD YOUR BREATH, You'll Be Waiting Another 26 Years For That Pardon

Only our Governor can grant Mr. Logan a pardon, even if Daley does apologize.  Unfortunately, Mr. Logan may never get the apology OR the pardon based on the fact that Gov. Blagojevich doesn't have a high rate of granting pardons.  There are about 3000 Petitions on his desk.  So far, this year, he's only granted 19.  Last year, he granted ONE!  And, there are many people who were wrongly accused and convicted, like Mr. Logan, who are still waiting for the pardon.  It doesn't make sense.  People like Mr. Logan who should have never been imprisoned should be given an automatic pardon...unless the Gov. is afraid of subjecting the state to liability on that $200,000 compensation Mr. Logan will be seeking.  And that's no reason to force a man to continue to live with a murder on his record.  

That said, since seeking a pardon is the only way a person in IL with a felony conviction can clear their record, I suggest filing the petition.  (*Exception - the select few who were given a certain type of 1410 probation - you would know if you were given that kind of sentence, trust me - can actually seek an expungement or sealing, depending on the person's entire criminal record.)

I focus a large part of my Illinois practice on Petitions for Clemency and Expungement/Sealing (pardon, commutation, reprieve) even though it's not guaranteed to be granted.  The good thing is, you can resubmit your petition a year after it's been denied; and, there is no maximum on the number of times you can submit.  Keep in mind, though, you cannot submit unless it's been denied.  

In IL, many people's cases (that 3000 number) are simply PENDING, and have been since our Governor entered office.  That's why Gov. Blagojevich should at least show some respect to the petitioners and make a decision.  Even if he denies all of them, at least the petitioners now have an answer!  C'mon Gov., make a decision - it is your JOB to perform this function of granting clemency!

 www.xpunged.com and www.tamaraholder.com