People v. Howard

Justices Freeman, Garman, Karmeier, and Burke concurred in the judgment and opinion.

Justice Thomas dissented, with opinion, joined by Justice Kilbride.

OPINION

Petitioners, Stanley Howard and Dana Holland, each received a gubernatorial pardon which specifically authorized expungement pursuant to section 5 of the Criminal Identification Act (Act) (20 ILCS 2630/5 (West 2004)). The central issue in this case is whether the Act confers discretion upon the court to deny a petition to expunge brought under section (c) of the Act. After the circuit court of Cook County denied their petitions, separate…