Illinois Supreme Court: Gubernatorial Pardon Does Not Entitle Individual To Expungement Of His Criminal Record
The Illinois Supreme Court ruled on Thursday that a pardon from the governor, even a pardon declaring innocence, does not automatically clear a criminal record. The person receiving the pardon would still have to petition a trial court to expunge the conviction, which the court has the discretion to do or not do. The major issue the Supreme Court dealt with was whether the legislature gave the courts the authority to expunge a record. The Court held that the lawmakers have certainly done that. As such, the circuit courts have the discretion to clear the record or not, even if the Governor declares someone innocent.The Case arouse out of the petition of Stanley Howard and Dana Holland. Both Howard and Holland received innocence pardons. See the full Illinois Supreme Court Opinion.
