I trying to find out for my boyfriend how long he has to wait to get a felony drug charged off a record?
Your question as presented could not be effectively answered for the following reasons:
In Illinois, drug charges as arrests or grand jury charges by superceding indictments are not convictions.
One may expunge the record in cases in which a court order entered terminating probation and at least five (5) years passed since the order of termination was entered, under the following statutes:
Controlled Substance Act (410 Probation) – 720 ILCS 570/410
Cannabis Control Act (First Offender Only) – 720 ILCS 550/10.
However, I do not believe that any other felony drug convictions are expungeable, per se. Case that may not be expunged generally are convictions resulting in:
1. A guilty plea, guilty finding, or guilty verdict resulting in a sentence other than probation under the Cannabis or Controlled Substances Acts.
2. Probation (however, if defendant receives a 410 probation under the Controlled Substance Act or under the Cannabis Act it may be expunged then)
It is unclear from your inquiry whether your boyfriend had charges that did not amount to any convictions after case completion or he was charged with a drug related felony and convicted.
Again, a felony drug conviction is not expungeable.
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Criminal Defense Attorney
I agree with the earlier answer. More information is needed to accurately answer this question. Much depends on whether your boyfriend has ever been convicted of any other crime or municipal ordinance violation before the drug case, what the drug case he has now is (only Class 4 felony possession is expungeable; possession with intent to deliver or delivery is not), and what the outcome of the drug case was. A prior record is a disqualifying condition. But if he has no other record and your boyfriend was charged but he was never sentenced (found not guilty, charges nolle prossed or stricken on leave, case dismissed by the judge for example because of violating the defendant's right to a speedy trial), those records can be expunged. If your boyfriend received first offender probation, he may be eligible to file a petition to expunge five years after his probation ends.