Hernandez ‘Clean Slate’ Bill Expanding Career and Housing Opportunities Signed into Law

AURORA, Ill. – Completing years of work from reformers, law enforcement and business leaders, the transformational “clean slate” criminal justice reforms that state Rep. Barbara Hernandez, D-Aurora, helped pass last fall were signed into law today.

“When formerly incarcerated people are saddled with the burden of a criminal record that isn’t expunged, the reality is that, whatever their sentence, they are serving time for their whole lives,” Hernandez said. “They pay for their offenses with more than just imprisonment, they pay with new obstacles to housing, employment and opportunities for a better life living inside the bounds of the law. I’m grateful to law enforcement, business leaders and especially advocates for justice- like the Illinois Coalition to End Permanent Punishments and the Illinois Clean Slate Coalition- who fought for so long to achieve this milestone.”

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% 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.

Last fall Hernandez, in a continuing commitment to build a more equitable justice system, worked to pass the Clean Slate Act (House Bill 1836), which was signed into law today. It will automatically seal many minor criminal records, ensuring these records are accessible only to law enforcement, prosecutors and sensitive employers-such as daycares and schools. 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.

“Contrary to what opponents who misunderstand this bill might say, it is a step forward for safety as much as it is equality,” Hernandez said. “People who have made mistakes deserve to return to normal life without bias or discrimination. That’s the way we give them a real second chance and put an end to the unfortunate trend of offenders falling back into criminal patterns.”