Domestic Violence With Bodily Harm

My question involves criminal law for the state of: Illinois

Nearly 3 years ago I was involved in a verbal fight with my Mother, she overreacted and called 911. The police were ready to let me go to a friend's house, until she made a decision to press charges. I was cuffed, jailed a night, and ended up getting convicted with a charge of 'Domestic Violence with Bodily Harm.' I don't really want to go into too much detail; but I yelled, acted irrationally, and I did not let her back in my room. When she opened the door, I formed a barrier with my body and made sure I didn't hurt anyone as I am not a person that would do this (yes, no priors). I did not, and would not ever cause harm to anyone intentionally. This occurred during the aforementioned verbal fight.

I did not fight the charge, I did not get a lawyer (mistake), and I became very depressed for years now.

She will openly admit that I did not cause any bodily harm, and I have this statement in writing (a letter I show employers when this comes up).

Today, this has had a devastating effect on my mental health, I have been outright denied work for this charge. A charge, then conviction that I did not commit.

I am exploring any legal options if there are any.

I'm not entirely sure what you're looking for. You were convicted, and a statement from your mother isn't going to convince anyone that you were not guilty.

How old are you?

This site will help with determining the possibility of an expungement:

https://www.illinois.gov/osad/Expung...formation.aspx

If you were sentenced to conditional discharge or probation, you are not eligible for expungement. If you placed on supervision and did not complete supervision satisfactorily, it becomes a permanent conviction.

I was sent to, and completed anger management courses.

Again, I did not commit any physical violence. I have a notarized letter written by her, she absolutely knows I did not commit any harm that night, and she would make this statement under oath.

I was convicted because she didn't have the right mindset (brought me to court to teach me a lesson, also told me the judge would "have let me go" if I apologized in court) at the time, and I didn't have a lawyer explain to me the severity/long-term effects because, and this is my mistake, I chose not to use a lawyer.

I did not take it seriously because, at the time, I really didn't think it was that serious.

Edit: Thanks to the above poster for the link.

The ship has sailed with regards to the conviction. That can't be undone.

About all you can do is look into the possibility of an expungement.

^As expected, but thanks again for all your replies. This is actually the first time I've really even talked about it.

She has written a letter to the governor asking for a pardon (I even got a call from the "Dr. Phil" show twice the other day; she may be a bit out of her mind).
I'm clearly no law expert, but I know what abuse of process is. Can someone explain to me how this isn't/wasn't abuse of process?

Just to reiterate: I have a conviction on my record involving bodily harm, yet no bodily harm ever took place. No physical violence occurred whatsoever.

Quote:

---

Quoting cdwjava

---

The ship has sailed with regards to the conviction. That can't be undone.

About all you can do is look into the possibility of an expungement.

---

I am probably wrong here but I thought DV convictions cannot be sealed or expunged. In case he wants to challenge his conviction he would need to appeal and accuse his mother of providing false information to the police. If he pleaded guilty (and it looks like) he might have waived his right to appeal. He probably needs to talk to an attorney.

You were found guilty! It was 3 years ago and by the sound of it, it was a conditional discharge. If it is a conditional discharge, you can't motion for expungment. The fact that you were found guilty means that evidently, the court feels that bodily harm occurred based of the information presented in court. How is it an abuse of process because YOU opted not to take this seriously?

Quote:

---

Quoting viol8te

---

How is it an abuse of process because YOU opted not to take this seriously?

---

Because neither of us did. Her motive was to get me into an anger management program. My mindset was that you don't use the legal system for this. Neither of us had been involved in legal matters before, and she did not understand how serious the outcome would be.

After the incident and court date, we reconciled as if nothing happened. Neither of us understood the permanence of this charge, let alone the long-term effects.

My mother and I have a relationship today, and she would confirm everything I have said so far under oath.

Please take note that I am not out "to get her back" for this. I simply want to get my life back on track, and if anything can be done, I have to do it.

^^The court had no "feeling." There was zero evidence against me except a phone call she made to 911 where I was yelling. There was no bodily harm, hence there was no evidence of bodily harm.