Class 1 Felony Expungement in Illinois

[zionofwestern]

I am currently in court (Illinois) for a class 1 felony. The court asked me to find them a drug dealer and get them arrested in order to drop the charge to a lesser charge. Can they really force you to do that - put your life in danger?

Also, they were originally going to give me probation - they still are. The only problem is the charge will be on my record for the rest of my life. From reading some information from this forum, is it possible to get it pardoned?

Sorry - last question. I don't know any drug dealers, nor do I know any one that sells drugs. We decided to go the military route. I wanted to join the Air Force for a long time. I told the recruiter about my situation and him and my lawyer are writing a letter asking to drop the charge to a lesser charge so I can get whats called the "1410 probation" where it is expungable. What are the chances that it will work?

[aaron]

I am currently in court (Illinois) for a class 1 felony. The court asked me to find them a drug dealer and get them arrested in order to drop the charge to a lesser charge. Can they really force you to do that - put your life in danger?

They're not forcing you to do anything. Under that proposal, if you choose to assist the legal authorities with other investigations you get a better deal; if you choose not to, you don't.

Also, they were originally going to give me probation - they still are. The only problem is the charge will be on my record for the rest of my life. From reading some information from this forum, is it possible to get it pardoned?

Executive clemency in Illinois is governed by these statutes and this administrative code provision, neither of which suggest that you would not be eligible.

I told the recruiter about my situation and him and my lawyer are writing a letter asking to drop the charge to a lesser charge so I can get whats called the "1410 probation" where it is expungable. What are the chances that it will work?

That's a question which you should pose to your lawyer, who is in the best position to answer it.

[zionofwestern]

The thing is they wanted arrests - I don't know anyone that sells drugs. This is the only option I am given by the D.A. By going out and trying to to find drugs, I could get arrested for looking to buy drugs or even get killed should I find an arrest. I even asked for more comunity service or something of that nature. Yet this is the only option they had.

[zionofwestern]

Also, are there online forms for pardoning in IL? I need some more information on how to get a pardon.

[aaron]

You can get information on how to get executive clemency from the Illinois Prisoner Review Board.

[zionofwestern]

OK - I read the stuff and its for prisoners. I was never incarcerated. I won't be incarcerated - the D.A. is giving probation no matter what.

[aaron]

You don't have to go to prison to qualify for executive clemency, although there are forms of clemency (e.g., commutation) which would only apply if you are in prison.

[zionofwestern]

Wow - Thanks alot man, your more of a help than my lawyer is. At least someone is giving me options............

[lawyernerd]

Something else to consider, too. 1410 probation can eventually be expunged--IF you sucessfully complete it and IF you have no other convictions on your record. And the wait is 5 years from the date you sucessfully complete your 1410 probation. So, if you got 2 yrs. of 1410 probation in 2005, and complete it on time, it will be 2012 before you will qualify for an expungement.

So, if you already have a conviction on your record for something ese (minor traffic violations don't count but nearly everything else does), your 1410 probation cannot be expunged.

If you plead guilty to simple possession (not dealing, just possession) and it is a Class 4, you might be able to have it sealed 4 years after you finish your probation.

For more informaion in Illinos expungement and sealing, go to:
http://state.il.us/defender/exp.html

Good luck,
lawyernerd

[zionofwestern]

My lawyer says that I can get it knocked off after 1 year of probation. What is going on here? Is he lieing to me?

Also - I gave them 2 criminals and they were charged with class X felonies. They decided to drop the charge from class 1 to class 4.

Update - I checked with him again - he says I will have it hanging on me for at the minimun of 3 years, but I can say on employment that I was never arrested.