RIDGE RUNNER CHRONICLES: Are We Ready for the “Clean Slate Act?”
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In case you didn’t know, Illinois has now enacted the “Clean Slate Act;” Governor Pritzker proudly signed it into law on January 16. Under the “Clean Slate Act,” all criminal records being maintained in Illinois that don’t fall into the exceptions are to be automatically permanently sealed and not available to be reviewed by the public. The exceptions—meaning those crimes that remain available for the public to review—are the violent felonies and those crimes involving domestic violence, violation of protective orders, stalking crimes, DUI offenses, sex crimes, and crimes against animals. So if you own a small business and if, before you hire someone, you want to know if that person has ever been found guilty of shoplifting or fraud, for example, you eventually will be unable to perform a criminal records check to determine if that prospective employee has that history in his background. This ban also includes all violent felonies in which the charges were dismissed or the person was tried and found not guilty.
Although the law became effective in January, the criminal records will not be permanently sealed until some time after 2029, when the sealing process will begin. It is estimated that this administrative process will then take two years to complete, as there are more than two million files that need to be reviewed and separated into those files remaining open and those we in the general public will not be allowed to see. Certain categories of persons, including those in law enforcement and other sensitive areas, will still have unlimited access to all criminal files.
There are now 13 states that have enacted “clean slate laws,” and more states are close to doing the same, including Missouri, where the Missouri House recently passed HB 2747. The purported purpose of this “Clean Slate Initiative” is to improve the employment opportunities for those who have non-violent criminal records. Proponents say that it is a great nation-wide movement that will improve the lives of many families and that it will “unlock billions in lost wages.” Really? Since we are talking money, how will the State of Illinois pay for this monumental effort in Illinois? Apparently, the Illinois State Police will initially fund the project but if they run short of funds, it may wind up as an expense for each county to cover on their own. No problem, right? No one would mind a bump to their real estate taxes to cover the cost of permanently sealing criminal records.
You have to wonder what hotels in particular are going to be doing about hiring employees without being able to perform an all-inclusive check of their criminal backgrounds. The Hyatt Regency in Chicago, Governor Pritzker’s golden goose, currently runs an exhaustive criminal background check on all of its prospective employees, including those who have access your hotel room while you are out on the town. Will there be a Hyatt Regency disclaimer that despite your $350-a-night room, we cannot guarantee that those in your room while you are gone don’t have criminal tendencies?
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■ Bill Hoagland has practiced law in Alton for more than 50 years, but he has spent more than 70 years hunting, fishing and generally being in the great outdoors. His wife, Annie, shares his love of the outdoor life. Much of their spare time is spent on their farm in Calhoun County. Bill can be reached at [email protected].
