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Executive clemency is a legal remedy for both incarcerated and non-incarcerated individuals. The petition process is very similar for both, but those who are incarcerated do not have the opportunity to appear at a public hearing. Incarcerated individuals can have representatives appear on their behalf at the public hearing if they ask for it in the petition.
The Prisoner Review Board holds public clemency hearings 4 times per year. Each public hearing has a petition filing deadline. You must file your petition with the Prisoner Review Board by the stated deadline if you want your case discussed at the public hearing. The hearings take place in Chicago and Springfield. You can check the dates and locations of the hearings and deadlines to file petitions at the Prisoner Review Board website.
Write your petition using these 6 sections. Title each section with the appropriate header:
- Required general information,
- Convictions for which you are requesting clemency,
- Your complete criminal history,
- Personal life history,
- Your reasons for requesting clemency, and
- The type of clemency you are asking for and whether you request a public hearing.
Learn more about what should be included in these 6 sections from Writing an executive clemency petition. Additionally, you may find a sample petition template at the Prisoner Review Board website.
Gather all the documents you want to mail with your petition, like diplomas, certificates, and treatment papers. Make sure your mailing address is on the petition and not just on the envelope.
Exampes of the types of documents you may want to submit can be found on the Prisoner Review Board Website.
*Due to COVID-19, you are not required to notarize your petition. You or your attorney can simply sign the certification section of the petition. This is subject to change. Please check the Illinois Prisoner Review Board website to confirm this information before you submit your petition.
Take your completed petition to a notary public. Sign the last page in front of the notary public. You can usually have the petition notarized at a currency exchange or bank. This usually only costs a dollar or two.
Make copies of your signed, notarized petition, and all other papers you are going to include in your packet. You will need the original and at least 4 copies, including:
- One for the sentencing judges in each of your cases for which you're applying for clemency,
- One for the state’s attorneys, and
- One for your own files.
Mail the petition and documents by certified mail to the Prisoner Review Board, state's attorney's offices, and your sentencing judges. Remember to do the following:
- Contact the clerk's office in the county you were convicted in to find out if your sentencing judge is still on the bench and get the address. If your sentencing judge is retired or deceased, you will send a copy to the chief judge in place of your original judge.
- If you have more than one conviction for which you're applying for clemency, you must send a copy to each of the sentencing judges and state’s attorneys.
- Send proof to the Prisoner Review Board that you mailed a copy of your petition to the sentencing judges and the state’s attorneys. Your petition will be rejected if you don’t send proof.
Please note: It is essential to include those certified mail receipts or a notarized affidavit to prove you mailed the petitions. If you don’t, the request will be rejected by the Prisoner Review Board. If you include an affidavit, it must be notarized. The COVID-19 exception mentioned above does not apply to this notarization.
Deliver or mail the Prisoner Review Board your notarized original petition and of all your documents. Petition packets should go to the Prison Review Board at:
Illinois Prison Review Board
Attn: Clemency Unit
319 E. Madison Street, Suite A
Springfield, IL 62701
You also have the option of emailing your complete petition to [email protected]. This does not apply to the state's attorneys or sentencing judges. Please continue to mail those via certified mail.
The Prisoner Review Board must receive the petition by the deadline listed on its website for your petition to be heard at the next available public hearing. If you miss the deadline, you will have to wait until the next public hearing. As a reminder, you can chose to not have a public hearing when filing your petition.
If your petition is complete, you will receive a letter from the Prisoner Review Board after 4 to 6 weeks stating that your petition was received and is complete. The letter will also include your public hearing date, docket number, and the room number where your public hearing will be held if you requested one.
If the petition is incomplete, you will be told what information is missing. Incomplete petitions are discarded after 90 days.
The letter will also give you a deadline to submit additional information. If you submit further information, you must also mail it to the state’s attorneys.
You will also get instructions on how to get fingerprinted for the Prisoner Review Board. You will have to mail the fingerprint card back to the Prisoner Review Board.
Going to your executive clemency [no-lexicon]hearing[/no-lexicon]
Hearings are open to the public so that other people will be present. Everyone's hearing is scheduled at 9:00 AM, so arrive early to check in. Petitioners will be heard in the order of check-in. You can bring or invite as many supporters as you want, but only three people can testify for you. Remember, those who are incarcerated are not allowed to attend public hearings.
When you are called, you and your witnesses will be sworn in and sit at a table before 3-5 members of the Prisoner Review Board. You will summarize your petition, and your witnesses can make short statements about your character. The Prisoner Review Board will ask you questions throughout the process. Be honest.
The state’s attorney may object to your petition. Don’t worry. The state’s attorney objects to most petitions. You will probably receive a copy of the state’s objections when you sign in the morning of your hearing. The objections are usually based on several factors, including, but not limited to:
- The nature of the offense,
- The amount of time that has passed since the offense occurred,
- The lack of demonstrated need for clemency, or
- The lack of sufficient evidence demonstrating rehabilitation.
Remember that objections by state's attorneys are common, and do not mean you will not be granted clemency. You are allowed to respond after the state’s attorney presents the list of objections.
Remind the Board of:
- The positive things you have done to change your life,
- Why you have a compelling reason for requesting clemency, and
- Why future convictions are unlikely.
After an executive clemency hearing
Within 60 days, the board will make a private recommendation to the governor, which the governor is not required to follow.
Be patient! Due to the heavy backlog of petitions that have been filed in past years, you may wait for several years to receive a decision from the governor. Although, as of 2017, the governor has moved through the backlog relatively quickly.
Clemency petitions are not granted frequently. Do not lose hope! Keep updated as to changes in the law that would make more convictions sealable. Make sure to explore options for waivers or licensing where you do not need clemency to move forward in your life. Learn more about Other options when you are not eligible for sealing or expungement.
When the governor makes a decision, you will receive a letter at the address on the petition. Tell the Board of any change in your address, so you can be sure to receive the letter.
After you are granted clemency, you must file a Petition for Expungement in the courts where the convictions took place if you requested clemency in the form of expungement.
If the governor denies your petition, you must wait at least one year after the date of denial to file another petition.
Note: The information above only applies to clemency for state crimes. For information on clemency for federal crimes, visit the US Pardon Attorney's website.
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