Skip to main content

I cannot get a job because of something on my record. Need to see if it can be removed. I live in FL, but the offense was in IL

Granite City, IL |

In 2008 in Illinois, I inadvertently wrote a bad check due to my husband clearing my account without my knowledge. I was ordered to pay restitution and fees and serve one year probation, all which was complete by December 2010. This was my first, and only offense ever in my life, and it is keeping me from getting a job because my bkgrnd has it listed as petty theft. The check was for $400. I called the county clerk in Illinois and was told that there is nothing I can do about it, and that it was originally a felony but that I had plead down and it was reduced to a misdemeanor. This is not what my public defender told me at all. I have been told that there is a first offenders law in Illinois which would allow for the removal of a non-violent first offense. I need this gone. I need a job.

Attorney Answers 3

Posted

As of January 1, 2013, the Offender Initiative Program allows certain types of first-time felony defendants to avoid a conviction on certain conditions. If you have a prior felony probation or a conviction, you cannot participate.

So most Illinois felony convictions cannot be either expunged. There are
a few exceptions.

If you want to hire a lawyer to get into details you may

Mark as helpful

1 found this helpful

3 lawyers agree

2 comments

Asker

Posted

I was just reading about that, but I have no idea if I qualify or even how to go about filing for it.

Alexander M. Ivakhnenko

Alexander M. Ivakhnenko

Posted

Thank you for marking the answer helpful.

Posted

First order of business would be to obtain the exact Certified Criminal Disposition of your Illinois adjudicated case from the Clerk of the Criminal Court of that Illinois county where the state offense was disposed of in 2008 and then fax or mail that document for a review to a selected criminal defense counsel in Illinois to see whether you are eligible to either expunge or seal it pursuant to the recently new expanded expungement Illinois law effective January 1, 2014.

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 opinion, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions stated above are general in nature, and may not apply to specific factual or legal circumstances related to one's current legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a comprehensive legal before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois 773-562-8602

Mark as helpful

1 found this helpful

2 lawyers agree

Posted

That disposition seems particularly harsh if the story is as you say. A single bad check would typically not result in a charge, let alone a felony. Were any other charges dismissed pursuant to that plea?
Some counties developed a bad check program to handle these kinds of cases and keep them out of court. You may have some remedies, but it would take some creativity by an attorney with a lot of familiarity with the court in which you were charged.

Mark as helpful

1 found this helpful

3 lawyers agree

3 comments

Asker

Posted

The only other time I had been arrested was in 1995 for driving without insurance, other than that, there was nothing else ever in my history. The only information I can get when calling the county clerk is that it was originally a felony but that I had plead down to a misdemeanor. My public defender did not tell me it was a felony at all, he told me it was a misdemeanor and that I would "most likely" have to pay restitution and fees, and serve probation, with a possibility of community service, "depending on how the judge was feeling" that day, which is what ended up happening, though no community service.

Jeremy Wayne Sackett

Jeremy Wayne Sackett

Posted

You might be able to get it removed, regardless of what the clerk told you, but you'll have to enlist the help of an attorney. Best of luck.

Asker

Posted

Thank you :)

Employment topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics