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How do I know if Im a felon?

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

Posted

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 information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional information, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and materials provided above are general in nature, and may not apply to specific factual and legal circumstances related to one’s personal legal issues. Contact an experienced criminal defense lawyer admitted to practice in your State under an attorney-client privilege to further receive a competent legal advice before making any important decisions about your particular legal issue. For further inquiries please contact: Attorney Alexander Ivakhnenko 1021 West Adams, 101, Chicago, Illinois 60607 773-562-8602 http://alexanderivakhnenko.com

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4 comments

Asker

Posted

Oh my God....I am in disbelief..I am stunned. All this happened in 2003 with jail time and probation and everything else being done in 2004. I am almost afraid to believe you - are you SURE? Please dont take offense; I do NOT mean to question your expertise but I am in shock that all this time Ive been calling myself a felon....

Alexander M. Ivakhnenko

Alexander M. Ivakhnenko

Posted

From what you described, if, again, it is accurate, nolle pro means that the state elected to drop the charges against you, meaning, that you have no felony criminal convictions on the above. to make sure, check with the clerk's office for a certified court disposition of the cases that should list the actual case disposition

Asker

Posted

Thank you so much. I am absolutely dumbfounded. All this time..thank you again for answering and responding to my comment.

Alexander M. Ivakhnenko

Alexander M. Ivakhnenko

Posted

You are very welcome.

Posted

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

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Posted

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 material is at the users own risk. Answers are intended exclusively as a public resource for general information, and this information is intended, but is not promised or guaranteed to be, correct, up-to-date, or complete. This material is not intended to constitute legal advice, as an agreement to create an attorney-client relationship with the law offices of Mitchell S. Sexner & Associates LLC, or the provision of legal services, and receipt of this information does not constitute such an agreement. If legal or other specific expert advice is required, then the services of a competent professional should be sought.

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Asker

Posted

Ok - if they were felonies - wouldnt it say that on the circuit clerk page? It says for Res Burg and Burg - NOLLE'd Crim Tres & Crim Dam - Misdemeanors - Guilty

Posted

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."

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