Illinois Governor J.B. Pritzker has signed the Clean Slate Act into law, a measure designed to automatically seal certain criminal records. The new law aims to provide a pathway to rehabilitation for individuals with non-violent offenses, removing barriers to employment, education, and housing.
Changes to Record Sealing
For decades, Illinois residents seeking to seal their criminal records faced a complex and often costly process. This involved legal representation, multiple court appearances, and varying procedures depending on the county. The Clean Slate Act streamlines this process, making it automatic for eligible offenses.
Sharon Varallo, executive director and professor at the Augustana College Prison Education Program, explained the impact succinctly: “What this does is say, ‘You have done your time; it’s ok; get back to work. We’re not going to hold it against you for the rest of your life.’”
Impact on Education and Employment
Governor Pritzker highlighted the connection between education and reduced recidivism, stating that obtaining a degree decreases the likelihood of returning to prison by almost 50%. However, he also noted that 72% of colleges and universities utilize background checks when reviewing applicants. The Clean Slate Act is intended to address this disparity.
The Augustana College Prison Education Program offers incarcerated individuals the opportunity to earn a degree while in custody. Varallo believes the Clean Slate Act will be particularly beneficial for these students, providing them with a “fighting chance” to secure employment with their newly acquired credentials.
The law specifies that misdemeanor convictions will be automatically sealed two years after a sentence is completed, while most non-violent felonies will be sealed after three years. Dismissed or reversed charges will also be sealed following the conclusion of the case. However, certain offenses – including violent crimes, sexual offenses, DUIs, reckless driving, stalking, domestic battery, and violations of orders of protection – will remain on an individual’s record.
Frequently Asked Questions
What types of offenses are eligible for automatic sealing?
Misdemeanors and most non-violent felonies are eligible for automatic sealing, two and three years after the sentence is finished, respectively. Dismissed or reversed charges are also eligible.
Who will still be able to see sealed records?
Law enforcement and courts will continue to have access to sealed records, but they will not be available for public or private background checks.
How many people are expected to benefit from this law?
Governor Pritzker stated that approximately two million people are eligible to have their records sealed under the Clean Slate Act.
It is possible that implementation of the Clean Slate Act will face logistical challenges as state agencies adapt to the new automated process. It is also likely that the law’s impact on employment and recidivism rates will be closely monitored in the coming years.