Pro Bono Q&A: Legal Aid Chicago's Regina Hernandez

In our ongoing series spotlighting legal aid providers in communities across the country, we talk with Legal Aid Chicago’s Regina Hernandez, supervisory attorney of the organization’s Volunteer Services Unit. Regina discusses the many challenges facing clients, including lengthy court backlogs that can leave clients waiting months before a case is heard.

Q: Tell us about Legal Aid Chicago.

Regina Hernandez: Legal Aid Chicago is the largest provider of civil legal aid services in the Midwest and our mission is to seek justice for people living in poverty in Cook County. Through litigation and advocacy, our 180-person team of full-time lawyers and staff fight to secure individual rights to affordable housing, basic healthcare, fair working conditions, protection from abuse and economic stability.

Q: Your work focuses on criminal records. Tell us about that.

Regina: We provide comprehensive and holistic legal services for individuals with criminal records. Expungement and sealing of criminal records are at the heart of our practice, but we provide a goal-focused, individualized assessment of all available remedies for each client. Our goal is to assist individuals with clearing their records in order to provide a fresh start and assist them with achieving their goals such as obtaining employment, housing and education. We provide full representation starting with thorough record research, continuing with petition preparation, and culminating in court representation. We want every client to have success at achieving their goal and it is our honor to advocate alongside them at every step of the process.

Q: What are some of the challenges facing clients?

Regina: Our clients must still deal with lengthy wait periods for eligibility, fees that cannot be waived (i.e., for mandated drug tests, obtaining copies of their criminal record), and the excruciating backlog in the court system that can leave someone waiting 12-14 months before their case is heard.

There is also a pervasive stigma associated with criminal records that creates its own challenges. After decades of restrictive options for relief, many gave up even trying to overcome their record after having been told they were ineligible or that they had no options, time and time again. Our work in this area often involves restoring trust in a system that has turned its back on our clients.

Further, employers and landlords who can access certain criminal records, continue to view these public records in a superficial way, making no distinctions or considerations for non-convictions, or the context surrounding an offense. Even with protections in place such as the prohibition on asking about convictions on an initial job application, the reality for most of our clients is, once someone sees that record, the damage is done.

Q: How can people help?

Regina: If you are in a position to do so, donate time or money to legal aid agencies and other non-profits who assist individuals most adversely impacted by the criminal legal system and mass incarceration. Voice your support both for more second chance programs to hire the formerly incarcerated. Think carefully about your own biases about people with criminal records and challenge yourself to reconsider them. Stay informed about related changes in the laws surrounding criminal records and most importantly, the implementation of these changes by courts law enforcement agencies. Finally, Legal Aid Chicago is always looking for pro bono attorneys to take on a pro bono case to assist with preparing paperwork associated with expungement/sealing. If you are interested, you can see our website for further details: https://www.legalaidchicago.org/get-involved/volunteer-opportunities/.