Docket Nos. 104608, 105022 cons.
THE STATE OF ILLINOIS
THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v.
STANLEY HOWARD, Appellee.–THE PEOPLE OF THE STATE
OF ILLINOIS, Appellee, v. DANA HOLLAND, Appellant.
Opinion filed March 19, 2009.
CHIEF JUSTICE FITZGERALD delivered the judgment of the
court, with opinion.
Justices Freeman, Garman, Karmeier, and Burke concurred in the
judgment and opinion.
Justice Thomas dissented, with opinion, joined by Justice
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 panels of the
appellate court disagreed as to the ability of the circuit court to deny
their petitions. Howard, 372 Ill. App. 3d 490; Holland, 374 Ill. App.