Home > Research Legal Advice > Criminal Defense > Im trying to get a previous FELONY drug conviction expunged or at least ...
Asked 2 months ago - Chicago, IL
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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
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.
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.
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?
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