Barack Obama commuted another 98 sentences in October of 2016, bringing the total to 872 during his tenure and 688 in 2016. That number eclipses the number of pardons issued by the past 11 Presidents combined.
White House counsel Neil Eggleston said that most of the offenders “made mistakes at a young age” and they “have diligently worked to rehabilitate themselves while incarcerated.” Some individuals will be released straightaway, while others must complete drug treatment programs or other requirements before being released in 2018. Two years ago, administration officials began working with Clemency Project 2014, a joint effort among private advocacy groups to identify individuals who may have been unfairly sentenced because of the disparity between powder cocaine and crack cocaine punishments or because of the “mandatory minimums” passed in the 1980s.
President Obama has signed legislation largely ending the rock/powder distinction and has instructed the Justice Department to not pursue federal cases against low-level drug offenders and to defer to states that have legalized marijuana possession.
Formal Expungement
Although there are some exceptions, most executive pardons are policy-related, since relief is granted more because of what the offender represents as opposed to what the offender did or did not do. For example, in the above story, President Obama granted drug pardons largely because he believed the sentences were excessively harsh.
In most cases, policy-related executive pardons are probably not in the cards. Fortunately, the Criminal Identification Act gives both convicted and non-convicted offenders in the Prairie State some options to either minimize or eliminate the negative consequences of criminal convictions. There are two primary options:
- Expungement: If the offender was found not guilty at trial, or the prosecution was dismissed for a substantive reason (like nolle prosequi), and the offender has never been convicted of a crime before, the record can be expunged. Expungement means that all records relating to the arrest and charge are completely destroyed.
- Sealing: Sealed records still exist but are inaccessible to the public. Some misdemeanors and felony drug records can be sealed; DUIs, battery, and sex offenses cannot be sealed.
If neither expungement nor sealing is an option, a Certificate of Rehabilitation may be available. This relief is available after either one or two years of good conduct, which generally means no further arrests. Certificates of Rehabilitation give employers immunity from liability lawsuits stemming from their employment of someone with a criminal record and also open up certain professions that normally bar any people with criminal pasts.
Informal Expungement
Deferred adjudication may be available regardless of the offense allegedly committed or the defendant’s criminal past. Essentially, the defendant pleads guilty or no contest and is placed on supervision. At the end of the supervisory term, the underlying case is dismissed, so the defendant does not have a conviction. The main downside to deferred adjudication is that, if the defendant violates supervision, the judge could sentence the defendant to anything up to the maximum allowed by law.
Many jurisdictions also offer deferred prosecution programs, mostly for non-violent misdemeanors. In most cases, if the defendant pays restitution and completes other program requirements, the case is dismissed and the defendant never goes before the judge.
Contact Aggressive Attorneys
Criminal convictions often have lifelong consequences. The attorneys at Glasgow & Olsson has a successful record of working with client to achieve pardons. For a confidential consultation with an experienced criminal defense lawyer in Schaumburg, contact Glasgow & Olsson. Our attorneys are available 24/7/365.