In 1994 I was arrested for POS and when I arrived in court for the charge the arresting officers were not present and the judge S.O.L the case. I later found out that the case was brought back when I was arrested on a warrant charge for that same case two years later. When I was brought before the Judge he asked me if I wanted to go home and I stated "yes", he told me he was giving me 18 months probation if I plead guilty (which meant no jail time). I had no attorney and was not versed on any laws about my rights so I accepted it.
This felony conviction has haunted me for the past 15 years and I wanted to know if this case can be expunged.
Unfortunately, in Illinois only misdemeanors can be expunged/sealed (with limited exceptions, such as 410 probation/1710 probation). Your only option at this point, assuming that you did not receive 410/Drug Probation, is to petition the Illinois Prisoner Review Board for Executive Clemency/Pardon. Hearings are held in Chicago every April and October and in Springfield in January and July. Putting the petition together requires information about you, your conviction, your life history and reasons for requesting clemency. They also ask for letters of recommendation regarding your good character, copies of all diplomas, awards, certifications, etc. and anything else that shows them that you have changed your life for the better.
Assuming that you have not been convicted of any crimes recently, you should be a good candidate for Clemency. All petitions must be received by the Board 75 days prior to the hearing dates. So if you wanted to apply for a hearing in October, 2012, your petition must be in, in full, by mid-July.
I would highly recommend getting an attorney who has done Clemency/Pardon petitions before to help you prepare the petition. If there are errors, the Board will not even consider the request and you will need to wait a full year before petitioning again.
Most lawyers who work on Clemency, including my firm, offer free consultations as well. Good luck.
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Unfortunately, felony convictions cannot be expunged. However, you can file an application for Executice Clemency. It can be a somewhat lenghy process (as there is currently a back log of petitions awaiting action by the governor) and it's not cheap; it's your only recourse so it's probably worth a shot. Those of us who handle such petitions provide free consultations. www.galivanlaw.net
Depending on what sort of probation you took and how it was terminated, you may be eligible for some sort of relief. You should get a copy of your rap sheet and take it to an attorney for a consultation.
Probation is a form of conviction and cannot be expunged unless you apply and receive a Governor's Pardon.
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