How do I know if Im a felon?

Asked over 2 years ago - Maroa, IL

After looking at my "record" - I am confused. I have tried to recreate only part of the file minus dates. I am confused about the Nolle Prosequi on Res. Burglary & Burglary charge. Am I guilty of a felony? AM I A FELON?

[On the Criminal Damage (Count 3) and Criminal Trespass (Count 4) that I did not list - it states that I plead guilty and AM guilty, although I know they arent felones.]

Please help.
Thank You

Count Charge Class Category Disposition Type Disposition Description Plea
1 RESIDENTIAL BURGLARY 1 Criminal Felony Court Action Nolle Pro. No Plea Entered
2 BURGLARY 2 Criminal Felony Court Action Nolle Pro. No Plea Entered

Attorney answers (4)

  1. Alexander M. Ivakhnenko

    Contributor Level 20

    4

    Lawyers agree

    Answered . Welcome to the arcane world of legalese.
    Fist of all, Nolle Prosequi is a Latin phrase meaning "to be unwilling to pursue", which amounts to the authorities enter on the record "please do not prosecute". It is a phrase used in many common law criminal prosecution contexts to describe a prosecutor's decision to voluntarily discontinue criminal charges either before trial or before a verdict is rendered.
    However, if it is still within a Statute of Limitations one may be reindicted or charged again since there was no finding or trial on the offence, thus, the Double Jeopardy protections do not attach.
    From your file:
    1 RESIDENTIAL BURGLARY 1 Criminal Felony Court Action Nolle Pro. No Plea Entered
    2 BURGLARY 2 Criminal Felony Court Action Nolle Pro. No Plea Entered
    both above mean that the State dismissed the charges against you, thus, on the 1 and 2 above your are not gulty of the felonies. You may expunge the arrest record.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general... more
  2. Daniel G. Galivan

    Contributor Level 17

    1

    Lawyer agrees

    Answered . You pled guilty to two misdemeanors and the felonies were dismissed. You are not a convicted felon.

  3. Mitchell Scott Sexner

    Pro

    Contributor Level 17

    1

    Lawyer agrees

    Answered . Criminal damage and criminal trespass can be felonies or misdemeanors, depending on the amount of damage involved or the location of the trespass. Contact the attorney who represented you.(o)

    Answers presented on this website are intended only for informational purposes and any use of the contained... more
  4. Brendan William Caver

    Contributor Level 7

    1

    Lawyer agrees

    Answered . Assuming the disposition as to the Residential Burglary and Burglary ended by nolles, then you were never convicted of either. Unfortunately, because the public computer systems used to generate these reports can be inaccurate, the only way to know for certain is to go to the office of the Clerk of the Circuit Court in the county where the case was prosecuted. There, you must request to see the physical file (or microfiche, scanned record, etc.) to determine whether any disposition (including probation) was ever entered as to either of those two charges. Finally, only you know whether you have had other charges in other jurisdictions. The status with respect to the disposition of all cases in all jurisdictions should be confirmed before making a final determination as to your status as a "felon."

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

31,618 answers this week

3,274 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

31,618 answers this week

3,274 attorneys answering