As an attorney who helps people overcome barriers due to a criminal background, I took a great interest in former Chicago Police Detective Dante Servin’s effort to expunge his involuntary manslaughter arrest record.
Servin, who was not on duty at the time, recklessly discharged his gun into a crowd of people, killing Rekia Boyd, an innocent bystander. He then walked away from an involuntary manslaughter charge on a legal technicality.
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Though Servin had every right to file a petition, it was discomforting that three years after the fact he might be permitted to purge and erase all records involving the case. Most petitions to expunge are rarely as controversial as Servin’s for the simple reason that most such requests don’t involve the senseless loss of life.
I routinely appear before Judge Leroy Martin Jr., the Cook County judge who, earlier this month, denied Servin’s petition after taking a weekend to mull over his ruling. I was not surprised by the judge’s ruling. Martin is a cautious arbitrator. I know that the fact a life was taken weighed heavily in his decision.
No one under Illinois law has an absolute “right” to expunge their record. Yes, there are minimum eligibility standards, but the decision to grant or deny a petition to expunge always rest with the judge.
As news reports suggest, Servin may ask Judge Martin to reconsider his ruling. If I were Servin’s attorney, I would not recommend he do so. The odds of Judge Martin reversing himself are slim to none.
One factor a judge may consider in deciding whether to grant a petition to expunge is the efforts a petitioner has made to rehabilitate himself, making amends for his actions. I don’t recall Servin offering evidence of rehabilitation or making amends.
It appears Servin was largely motivated to seek expungement because he wants to find work in law enforcement again. Servin needs to find another line of work. Given his current post-traumatic stress disorder diagnosis, it’s highly doubtful he’d pass the rigorous applicant screening methods employed by law enforcement agencies.
There may come a day when Servin is worthy of expungement. Today, however, is not that day.
Ina R. Silvergleid, a Chicago attorney, is owner of A Bridge Forward LLC.
Prioritize physical therapy services
As a physical therapist, I know how important physical therapy is to helping members of our community address injury, reduce chronic pain and prevent falls.
Despite the incredible value of physical therapy, a newly planned Medicare cut to physical therapy payment will reduce our ability to meet the needs of vulnerable seniors in our community and across the United States.
As we continue to confront national health challenges, such as the opioid crisis and the epidemic of elderly falls, patient access to physical therapy services must be prioritized.
I hope Congress and the Trump administration will work with therapy stakeholders to stop these deep cuts before they go into effect in 2021.
Kristen Hadden, Oak Brook
