Hernandez Passes ‘Clean Slate’ Bill, Expanding Career and Housing Opportunities

AURORA, Ill. – State Rep. Barbara Hernandez, D-Aurora, delivered transformational ‘clean slate’ justice reforms, bringing together reformers, law enforcement and business leaders to expand opportunity for employment, housing and education by creating an automatic sealing process for thousands of non-violent arrest records. 

“The major failure at the heart of our criminal justice system is that millions of people who were found guilty of a non-violent crime are continuing to ‘pay their debt to society’ long after they are no longer incarcerated,” Hernandez said. “Having even a non-violent criminal record can make it much harder to get a lease or mortgage, to be accepted for higher education, even to get hired and pay bills. Eliminating this problem is at the heart of the Clean Slate Act, and passing this legislation is a big step in the right direction.”

More than 2.2 million Illinoisans have an old arrest record or minor conviction that would currently qualify for sealing, but that process can be complicated and costly. It’s estimated that only 10 percent of those eligible have been able to receive relief, making it more difficult for many to qualify for affordable housing, to advance their education, and even to find employment. 

Hernandez recently worked to pass the Clean Slate Act (House Bill 1836), which will automatically seal many minor criminal records, ensuring these records are accessible only to law enforcement. Arrests resulting in an acquittal or dismissal will be sealed immediately, while misdemeanor convictions will be sealed after two years. The most serious felonies, domestic abuse convictions, and other violent crimes against persons will not be eligible for sealing. 

The measure is the product of years of negotiation with business groups, law enforcement, housing advocates, and criminal justice reformers.

“By putting the futures of millions back in their hands, Illinois gains more workers for our economy, voters for our democracy and consumers for our businesses,” Hernandez said. “Expanding opportunities for the formerly incarcerated is a big step toward cracking down on recidivism and promoting public safety as well.”