Skip to main content

Im trying to get a previous FELONY drug conviction expunged or at least sealed in illinois im reading conflicting articles

Chicago, IL |

Original Charge and Disposition
1 MFG/DEL CANNABIS/10-30 GRAMS Class 4 Felony Chapter: 720 Section: 5505c Guilty
1 MFG/DEL CANNABIS/30-500 GRAMS Class 3 Felony Chapter: 720 Section: 5505d Guilty
Amended Charge and Disposition
1 MFG/DEL CANNABIS/10-30 GRAMS Class 4 Felony Chapter: 720 Section: 5505c Guilty

Was sentenced to 550/10 Probation and fines and communtity service this was in 2004 and i have not had any other criminal incidents since then

+ Read More

Attorney answers 4

Posted

Were all of these charges the result of a single incident, or did you get arrested three times?

Illinois, unlike some states, does not permit reduction of a felony conviction to a misdemeanor and does not permit any conviction to be expunged. Some Class 4 convictions are eligible for sealing but not Class 3s. That is the bad news.

The good news is that you may not have a conviction at all. Although you were found guilty, 550/10 probation completed is not a "conviction" under Illinois law. That might make your charges eligible to be expunged. Assuming that you are eligible for expungement, it is still up to the judge whether or not to grant it. That is why I asked whether this is all one incident.

Illinois expungement procedure was designed to be simple enough that one can navigate it successfully without an attorney. Sometimes it is, sometimes it isn't.. I think having an attorney is a good idea. In Cook County all cases arising out of the city of Chicago require a court appearance. Cases arising out of arrests outside of Chicago only require a court appearance if the judge orders one.

Asker

Posted

Thanks for answering my question In response to your question if all my charges were one single incident....Yes I'm pretty sure i have a conviction i have been unable to find a job with my CDL A due to these charges and they have told me basically that i am uninsurable due to this showing up when they do a backround check during pre-employment screenings These charges are actually from DeKALB co.

Joshua Sachs

Joshua Sachs

Posted

If the quote from your rap sheet that you gave us in your original question is what is turning up on background checks then anybody reading it would indeed think that you had a conviction, but if you successfully completed 550/10 probation as to all of these charges then you probably don't. I suggest you have a lawyer in Dekalb County look into this, examine the original court file and, if possible, file an expungement petition for you. It is certainly worth checking out because you might be able to clear your record completely.

Asker

Posted

Thanks again for your response i did successfully complete the 12 months of 550/10 probation without any problems as far as i can remember since i did not have to serve any jail time or have my probation revoked which would mean that i did successfully fulfill my obligations to the court My only issue now is im between jobs and most lawyers want 400.00 to take on the task which at this time i can't afford to spend so im trying to go this by myself which is not an easy task

Joshua Sachs

Joshua Sachs

Posted

I can offer you three suggestions that may help. First, you should start by going to the circuit court clerk's office in Dekalb County for a look at the original court file of your case. The file should show that you had 550/10 probation completed satisfactory. The clerk cannot give you legal advice or assistance, but may be able to help you interpret the file. Second, there is usually a standard form for an expungement petition. In some counties the form is available online, possibly in a fillable version. If not you can get a paper copy from the clerk's office. The clerk can tell you what forms you need to file. Third, the Office of the State Appellate Defender has a web site with some very helpful information about expungement and will also send you an expungement packet, with very detailed instructions, by mail if you call the Chicago or Springfield office to ask for it. Good luck.

Alexander M. Ivakhnenko

Alexander M. Ivakhnenko

Posted

Tremendously helpful advice.

Posted

Speak to a criminal attorney in your area, as there are motions to seek reductions from felonies to misdemeanors, and expungements of misdemeanors as well; especially if the convictions are almost 10 years old. I truly wish you the best of luck in this matter! As an aside, if you found my direction helpful, and if you feel appropriate; could you be so kind as to designate my answer as the “best” answer to your question?

Michael David Elkin

Michael David Elkin

Posted

Some felonies are expunchable after the probation period and then 5 years of no criminal issues. Controlled substance act does allow for expungement, but it has to meet the requirements of the state. But a plea of guilty is not necessarily a conviction. Talk to an experienced attorney who deals with expungements.

Posted

I agree with Attorney Sachs' answer. Only an experienced criminal defense lawyer can review and analyze the record in this case and then advise you of your options.

Of course, every answer is based on the question asked and requires a more complete context. This answer should not be relied upon to make a legal decision. Seek the advice of an experienced criminal defense attorney before acting. Law Offices of Raymond G. Wigell, Ltd. Defenders of the Constitution since 1975/ Aggressive Creative Defense Strategies/ Website: www.waaltd.com 24/7 --(708) 481-4800.

Asker

Posted

Thank you i followed his advice and found out i must not have completed something as court records indicate it was a Class 4 Felony conviction looks like im out of luck

Posted

Your description of the events of your dispositions is not clear enough for any of us to give you a definitive answer. It appears as though your sentence was for Section 10 probation on the class 4, but a conviction on the class 3. If the charges came from the same incident it doesn't really make sense that they would impose Section 10 on some of the charges and conviction on the rest. You need to have an attorney review the actual dispositions. It is most likely that the class 3 was reduced and the sentence was for Section 10 probation on all of the charges, and upon successful completion of the probation and after waiting the time period thereafter you would be eligible for expungement. You need to have an attorney review the actual dispositions carefully.

Asker

Posted

Sorry here is a little more information on a screenshot of the County clerks records maybe this will help a little bit i have retracted my name and case number also i went to my local court house and that state i did indeed get a conviction on disposition 101 of MFG/DEL Cannabis 10-30 Grams Indictment LV 3 CL 4 St 3 http://www.freeimagehosting.net/dbupn

Asker

Posted

I think what happened was i didn't finish my CS hours in the allotted time and they considered that a violation of the probation and it gave me a conviction

David Scott Olshansky

David Scott Olshansky

Posted

Still not enough information. You need to hire a local attorney, not me, I don't practice out there enough for it to make it worth your while to hire us to travel out there to try and fix this for you. A long shot, but you may be able to get a local attorney to get the community service situation figured out if you do some to satisfy it. Worth the chance to get this off your record.

Asker

Posted

I thought once there was a conviction that would be it....

Criminal defense topics

Recommended articles about Criminal defense

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