I have to do a background check for school in a few months. I recently pleaded guilty to a charge that was reduced from a felony to a misdemeanor. Will the background check show both charges? Also the paperwork for the plea deal has a short descri...
There is a lot of variation. The rap sheets that I usually encounter may show arrests, arresting department, arresting officer, charges filed, court dispositions, dates of imprisonment and release; not every background check is that detailed. I would expect a typical check to reveal show arrests, charges and court dispositions, with county of prosecution and court case numbers where appropriate. The information may or may not be complete and it may or may not be accurate. Court documents such as plea agreements are not going to be included or summarized. Keep in mind that written plea agreements are very unusual in Illinois state courts, at least in those counties where I have had any experience.
To answer your specific question, it is very possible that a background check will show both the charge on which you were originally arrested and the different charge on which you were convicted. I have seen that often.See question
I know that HF TDC STATE JAIL means Hold for Texas dept of corrections state jail but not the part with the **econtreras...
Docket and log entries are often signed by the official who made the entry. For example, an entry in a court docket might conclude with the signature, name or initials of the deputy clerk who docketed the order. In this case "Econtreras" or maybe "E. Contreras" might be the jail or prison officer who made the log entry on March 23, 2017 at 4:50 p.m.See question
I was charged with DUI, my family had a friend that knew the prosecutor. They told me if I paid the fines, did 6 months of a device in my car, and took a class that included a drug screening, that the case would be dropped. I completed all success...
Academically the correct answer is "no" because the question was obviously not drafted with Illinois state law in mind and none of the five options precisely fits. But as a practical matter, to answer "no" would be misleading and, at the least, could get you your loan denied. I would think that the best answer would be "yes" with an explanation. As Mr. Cameron says, your situation isn't quite #4 and isn't quite #5, but it does lie somewhere in between.See question
I'm a 15 year old girl in Illinois. I've been dating my boyfriend since I was 14 and he was 16. He just turned 18. If we each have parental consent from both sides of our family, could we partake in sexual activity when I turn 16 and it be legal?
Parental consent to sexual relations by a minor would probably get the consenting parent prosecuted. Sit tight until you are of age otherwise somebody could wind up in prison. It isn't worth it.See question
my friend got charged with 2 counts of agg robbery and 1 case of murder in the 1st degree being that he was a minor at a club under the influence and a fight broke in the club there was shots fired outside and a man got hit. He filed an appeal but...
Are you asking about a writ of habeas corpus from a Texas state court under Texas state law? You will have to wait for a response from a Texas attorney as to whether that is a possibility.
Are you asking about an application to the United States district court for federal habeas corpus relief under 28 USC §2254. Just based on your posting, your friend is probably, but not certainly, beyond the time for filing such a petition, and there would appear to be many difficulties, both procedural and substantive, standing in the of a successful outcome. But an evaluation of the record by counsel familiar with federal habeas corpus proceedings could be worthwhile, but just the evaluation would be a lot of work, so expect to have to pay for it.See question
I took a DMV sticker 5 years ago and I got charged with a misdemeanor.. I haven't had an offense since.. can I get it expunged so I can get a job?
That depends on the disposition of the case. You tell us that you were "charged". You do not tell us the disposition. In general, if you were convicted of any offense in Illinois you are not eligible for an expungement but you may be eligible for sealing. Cases that do not result in conviction can often be expunged, although there may be a waiting period. Dispositions such as dismissal, acquittal, deferred prosecution, court supervision, and certain kinds of special drug probation, are not convictions under Illinois law. Dispositions of probation, conditional discharge, county jail time, state prison time, are convictions. Honorably discharged vets can sometimes get a conviction expunged under recently enacted exceptions to the general rule. Otherwise, a conviction record is forever unless you can get a pardon from the governor with an order for expungement.
This is an area of the law that continues to develop. If you are not eligible for expungement now do not give up hope. It could be a different story a few years from now.See question
My classmate is being arraigned tomorrow on charges that occurred in 2013 but about a month ago the prosecutor agrees to put all of his cases to be resolved in a global plea agreement. But he just needs to enter a plea tomorrow and sign a waiver o...
I am assuming that the very existence of a global plea agreement means that your friend has an attorney who has negotiated the agreement. If not, my colleague is absolutely correct, your friend needs an attorney and should do absolutely nothing without one.
In my experience, the phrase "global plea agreement" usually means that a single defendant is facing criminal charges in multiple cases and perhaps in multiple jurisdictions, and a single agreement has been reached, or is being attempted, to resolve all of them together. Sometimes prosecutors from more than one county, or even more than one state, or both state and federal prosecutors, are involved. A true global agreement would mean that everybody is on board and all of the cases are being resolved in a single proceeding, or in related and coordinated proceedings. This kind of agreement is, obviously, nothing to take lately and is nothing for amateur or do-it-yourself attention.See question
I was accused of shoplifting and was arrested for the first time and was later sent a letter in the mail from the store telling me I had to pay a certain amount of money, so I did. And when it came time for my court date, the officer never showed ...
You have not been convicted of a crime, but you do have both an arrest record and a court record. Based on what you have told us you are probably eligible to have both expunged. You should file a petition for expungement in the court where your case was prosecuted. If you do not ask to have your records expunged they will remain available to public view, and will show up on background checks, forever. Although you can truthfully say now that you have never been convicted of a crime, your arrest and prosecution records will show up until there has been full compliance with a court expungement order, so the sooner you get the slow process going the better.See question
Convicted in the state for facilitate 1st degree murder, and sentenced to 19 years for first offence (first offender NO criminal history). Than Indicted by the Federal Government on the same case, but not double jeopardy because the name of the ch...
Not double jeopardy because the prosecution is by separate sovereigns. Feds and state can both prosecute for the same conduct and the same offense. Separate states can both prosecute for the same conduct and the same offense. It doesn't happen often because it is duplication of effort, but it is not double jeopardy and it does happen.See question
I was convicted of theft but wasn't found guilty. I had it expunged. I can't see it on my records. But the law enforcements still can view it. I was wondering why is that?
Because that is how the Illinois state legislature decided to set up the system when it passed the law allowing for criminal records to be sealed or expunged. The legislature wanted to protect people from the employment and social consequences of an arrest that did not lead to conviction, not to make it more difficult for the police to investigate criminal conduct.See question