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| Illinois Legislature Approves Bill to Seal Some Felony Convictions |
| By PRNewswire |
| Published: 11/15/2004 |
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Last week's 33 to 23 Veto Session vote in the state Senate sealed the successful passage through the Legislature of SB 3007, which allows for sealing of residents' non-violent felony criminal records to ease their re-entry into society after time in prison. Governor Rod Blagojevich has indicated he would sign the bill after the Legislature approved it. The Senate and the House passed the measure in the regular session, but friendly amendments were added in the House requiring the concurrence of the Senate. Due to wrangling over the budget, the bill was never called for concurrence. The bill, which takes effect in 2005, provides for sealing of records for employment purposes that include Class 4 felony violations for prostitution as well as a misdemeanor or Class 4 felony possession violation of the Illinois Controlled Substances Act or the Cannabis Control Act. It is designed to help former prisoners find work by allowing them to avoid reporting their nonviolent crimes to prospective employers. Class 4 non-violent felonies are the least severe class of felony. A typical Class 4 felony in Illinois is a second offense of possession of 10.1 to 30.0 grams of marijuana or a first offense of possessing 30.1 to 500.0 grams, and carries a sentence of one to three years in prison and fine of up to $25,000. Under SB 3007, law enforcement officials retain access to the sealed criminal records. So do those screening for certain occupations, such as child care workers and school bus drivers. Petitioners for sealing of records that include drug-related offenses must accompany their request with a letter from a certified health facility that shows the individual has been off drugs for the previous 30 days. Another provision of the bill calls for a study produced jointly by the Illinois departments of Employment Security and Corrections to determine the rate of recidivism among those whose records are sealed. The study is to be completed by September 2006. |
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