Illinois residents convicted of non-violent crimes could soon have their records automatically sealed under provisions of a new act.
The Clean Slate Act, signed into law by Gov. J.B. Pritzker in recent days, will automate the process of record-sealing for individuals who have served their sentences for non-violent crimes, and who don’t re-offend during a mandatory waiting period following those sentences.
“For too long, we have been shutting doors for Illinoisans coming home from incarceration after serving their time for non-violent offenses. This bipartisan legislation is about empowering eligible people who seek a second chance to make their own choices about their future, giving them the best opportunity to come back home and get themselves on the right path,” Pritzker said in a statement. “Throughout my time as Governor, we have vigorously pursued common sense, humane criminal justice policies like this one that make our communities safer and give people a real chance for a better life.”
The new law, which could affect thousands of Illinoisans, will officially take effect in June, giving the Illinois State Police time to implement new systems required for the process.
According to lawmakers, the bill will simplify the process of sealing criminal records, automating the process instead of forcing those convicted of crimes to retain legal counsel and to seek remedy through courts.
According to Illinois State Police, part of the implementation of the Clean Slate Act will involve upgrading its record-keeping system.
“The eligibility and timing criteria outlined in the Act will be incorporated into the system to provide criminal history information when needed to protect the public safety, while significantly streamlining the process for the courts and those who are legally eligible for sealments,” ISP Director Brendan Kelly said.
Under provisions of the new law, those convicted of non-violent crimes will have to go through a waiting period following their sentence being completed. That waiting period will last for two years following a misdemeanor conviction and three following a felony conviction.
At that point, if the individual has not been charged with new crimes, their records will automatically be sealed, according to text of the law.
Only those convicted of non-violent crimes are eligible, so those convicted of murder, reckless driving, domestic battery, and other violent felonies and misdemeanors will not be eligible to have their records sealed.
The legislation also impacts access to sealed records, as private companies will not have access to those records. Law enforcement agencies will retain access, as will other public employers, according to officials.
The law officially takes effect on June 1.
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