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  1. #1
    Join Date
    Jun 2005
    Location
    illinois
    Posts
    1

    Default Court supervision and expungement in Illinois

    I am applying for a job and although on the application it says a background check is not required they ask you to disclose prior convictions or arrests in which you have plead guilty to. However, if it was expunged or sealed you do not have to report it. Approximately 2.5 years ago I was arrested for posession of marijuana and received court supervision. I completed my supervision which was 2 years long. Does this mean that my offense is sealed and that I do not have to report it? Also if a background check is not required should i still report it? Furthermore, I am going to be applying to med school soon, will this case affect my application? Would you reccomend having it expunged? Also, could someone explain the difference between having it expunged and sealed? I would greatly appreciate any advice.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Expungement in Illinois

    Lying on a job application is typically grounds for dismissal, even if you think you will get away with it.

    Unless there is something you are not telling us, you are probably presently eligible to seal your misdemeanor record, but would not be eligible for expungement without first obtaining a pardon. The Illinois State Appellate Defender's website provides additional details on qualification, and the difference between expungement and sealing your record. However, it indicates that you are not eligible to have your record sealed until three years after you are released from probation.

  3. #3
    Join Date
    Jun 2005
    Location
    Springfield, Illinois
    Posts
    19

    Default

    Sorry, aaron, I have to disagree.

    psmuckle, you are not, as of this date (July 15, 2005) eligible for either an expungement or a sealing. But you will be, depending on what your case was.

    I've never heard of supervision for 2 years on a misdemeanor MJ charge. I've heard of 2-years 410 probation, though. Is that what you got? Check the disposition of your case carefully because the disposition determines your eligbility for expungement or sealing.

    If you got supervision, you can have it expunged 2 years after you completed your supervision. Or, you could have if sealed after 3.

    If you got 410 (sometimes called "section 10") probation, you can have it expunged 5 years after you completed the probation.

    If you got regular probation, you cannot have it expunged but you can have it sealed 4 years after you finished your probation.

    For more information go to the
    http://state.il.us/defender/exp.html

    Sincerely,
    lawyernerd

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