I have my 3 year waiting period coming up in July. I was charged with a class 4 felony for false report. I falsely reported to the police that someone was running with a gun, fully knowing that no one was. I was found guilty and had 12 months of conditional discharge. However, my disposition ended up being terminated unsatisfied. Will this keep me from getting my record sealed?
It may. The rule is that you must wait three years from the end of a conviction (including the end of conditional discharge) before you can file. If you have additional questions, I recommend contacting a local expungement attorney who will be able to advise you after speaking to you privately and confidentially. Many attorneys provide free consultations.
This response is general in nature and cannot and should not be construed as legal advice, given the bare minimum of facts presented. Any comments and/or opinions offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counsel for legal advice.
Unsatisfied termination of one's probation is a strong indicative that your perition to seal will be opposed for non-compliance and public policy reasons.
Discuss collateral legal options with a selected counsel of your choice.
DISCLAIMER The opinion given above by the lawyer serves for educational purposes only and provides general information and basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide a case specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice the site should not be used as a crude substitute for any professionally competent legal advice by a licensed attorney in the applicable jurisdiction. The attorney above attempted to provide a competent professional opinion, however, laws and applications change frequently and vary greatly in U.S. jurisdictions and locales, therefore, any information and opinions expressed above remain general in nature, and may not apply to specific, factual or legal circumstances related to one's present legal issues. Contact an experienced lawyer admitted to practice in the State to obtain comprehensive legal assistance before making an informed decision regarding a particular legal issue within an attorney-client privilege setting. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois
I do not think you will be successful. Only a full analysis of your case would allow an attorney to confidentially form an opinion, but it seems unlikely.
If there is any chance of still getting the relief requested, it is going to be with the help of an experienced attorney.
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