Citizens voicing their opinions at public meetings is an important part of our democracy. What is equally important, one could argue, is that law enforcement does now abuse their power and violate the privacy of these speakers in retaliation.

After a 2019 news article revealed that Chicago Police Department had spent years secretly conducting background checks on those who speak at Chicago Police Board meetings, lawmakers have decided to take action to prevent this misuse of power. Governor J.B. Pritzker signed the “Empowering Public Participation Act” House Bill 1765 (HB 1765), which prevents officers and other law enforcement from running background checks on speakers. More specifically, the law states:

“A law enforcement agency or an officer employed by a law enforcement agency may not knowingly and intentionally conduct a background check of a person for the sole reason of that person speaking at an open meeting of a public body, including police disciplinary boards.”

Naturally, there are exceptions; an officer may take action when he has a reasonable suspicion, and not just a personal vendetta:

“Subsection (a) does not apply: whenever an agency or officer develops a reasonable suspicion of criminal conduct or a reasonable suspicion of a threat to security for the premises in which the meeting is to occur or for the protection of public officials and other persons attending the meeting; and whenever the person speaking at an open meeting of the public body is also under consideration for appointment to a government position by that public body.”

We applaud any law that honors the people and the commitment law enforcement makes to protect them and not engage in a cat-and-mouse game with those they simply don’t like. Laws should exist that prevent corruption and misuse of power, especially regarding one’s personal criminal history.

If you’re sick of living with a criminal record and want to start fresh, we may be able to help. Sign up for a free background report on our website so that we can determine what’s on your record and what we can erase with our fast and easy software.

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