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  1. #1
    Join Date
    Nov 2014
    Posts
    2

    Default Possible Reduction of Drug Felony

    My question involves criminal law for the state of: Illinois

    Hello everyone . I don't know where to start . Some details are as follows ;

    No previous convictions misdemeanor or felonious .
    Non Violent offense
    Convicted of Possession of Crim. Subst. and I received two years of felony probation when all said and done.

    Originally the judge had given me I believe task drug school (4classes) and as I was told it would be a misdemeanor offence , and even that might be removed upon completion of the classes , im not sure however.

    Anyway my son was born and I couldn't afford to lose my job (big mistake)
    and I got a letter in the mail telling me I believe I had a warrant and my next court date .

    I showed up to the court date without my lawyer and thought I might get another chance at the classes but was wrong , the judge was pissed and I got 2 weeks in cook county jail until my next court date when my attorney could show up.

    Long story short , is there any way I could appeal or something and even possibly get a chance at the drug classes again or get my felony reduced , expunged , sealed , or am I screwed.
    I have started college again but what I want to do requires I have a clean background check. I can not even get a job at Walmart or K-mart as it is. Also I have not been in any trouble for about 6 months. Also I have been in rehab and been clean per my probation orders for that time also.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Possible Reduction of Drug Felony

    Let me see if I got his straight your post is jumbled.

    You were charged with a drug offense, offered drug school (where if you just go to four classes and stay off drugs in the interim results in the dismissal of the charges and an expunction) but you didn't bother to go.
    As a result you ended up being tried and convicted of a felony and were given probation.
    Even that apparently was some time ago.

    You're not getting this reduced or back into drug classes. There's no way to appeal this at this point.
    After four years from your conviction you may qualify to have your records sealed.

  3. #3
    Join Date
    Nov 2014
    Posts
    2

    Default Re: Possible Reduction of Drug Felony

    Yes you are correct. Sorry for the ill written question. Thank you though for the timely response. One last question or rather just a few questions please.
    So in illinois is there any way I could try to seal this before four years time , or even expunge it . What is the difference between seal and expunged ,
    and does anyone know if state licensing boards can review sealed or e punged records.

  4. #4
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,666

    Default Re: Possible Reduction of Drug Felony

    You cannot expunge your criminal record. You could have sealed the criminal record if you didn't screw-up the felony probation and drug school. I do believe because you screwed-up that chance the prosecutor gave you, you are disqualified from having your criminal record sealed.

    Even if you aren't disqualified, a sealed record is only sealed from the public, the State Licensing Board can see sealed records as they are a state agency.

    I'm very curious, why would you screw-up such a great opportunity of having a fresh slate?

  5. #5
    Join Date
    May 2011
    Location
    Illinois
    Posts
    1,376

    Default Re: Possible Reduction of Drug Felony

    Unless your offense is under 410 probation, it is not eligible for probation. I don't see where you feel that you would be eligible for appeal. I would assume that you failed to appear in court for a violation and that's why you had a warrant issued. I'm also willing to say that you had a bond, but couldn't pay and that's why you had two weeks in county. What you haven't explained is when your next court date falls. Seems that your judge has set this case for hearing and that there is possibly a chance that you'd be recommitted to TASC probation or possibly placed on felony adult probation in order to become compliant with your conditions.

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