Results 1 to 2 of 2
  1. #1
    Join Date
    Dec 2007
    Posts
    4

    Default Conditional Discharge

    In the state of Illinois I was charged with burglary(counterfeit check) in 2000. I was given 18 months conditional discharge(CD). My public defender told me that although I was given CD that I was still convicted. The order of the CD was that I pay off the $700 restitution. I was informed by a person from court services that I had to pay off the money and that I would soon be a convicted felon. However, he never told me I had to pay it off through the courts. I assumed that I had to pay off the debt directly to the bank. So I paid it off through a collection agency that the bank submitted my debt to. I never got a receipt for my payment because I thought it would show up as paid. Well now 7 years later I found out that the court still shows that I owe this restitution because I was suppose to pay it off through the courts! To make matters worse the bank is no longer the same bank, they have changed their name. So now they are saying they have no record of me paying off the debt. The collection agency I made payments to said they only keep records for five years and they also had no record of my payment. My question is does conditional discharge mean that I wasn't or was convicted? I've been doing some research and I have read that conditional discharge means that no conviction is entered if the conditions are met. My second question is what should I do about the bank situation could an attorney help me with this issue?

    I am also going to get my rap sheet from the state police and I want to know how will I be able to tell if I was convicted or charged with the crime?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Conditional Discharge

    You failed to live up to the terms of your probation, even if by accident, so there is every reason to believe that you were convicted.

    If you can prove that you made restitution as ordered by the court, even if to a collection agency as opposed to the court, you may be fortunate enough to convince a judge to revisit any conviction that resulted. To try that, I think it would be a good idea to hire a criminal defense lawyer.

    1. Sponsored Links
       

Similar Threads

  1. Plea Bargains: Is Conditional Discharge the Way to Go
    By yessa in forum Criminal Procedure
    Replies: 2
    Last Post: 10-23-2010, 11:18 AM
  2. Expungement and Sealing: Conditional Discharge
    By christop in forum Criminal Records
    Replies: 1
    Last Post: 10-06-2010, 08:58 AM
  3. Background Checks: Is a Conditional Discharge a Conviction
    By Clock in forum Employment and Labor
    Replies: 4
    Last Post: 06-20-2009, 07:30 AM
  4. Criminal Records: Conditional Discharge
    By kasimpatel in forum Criminal Records
    Replies: 1
    Last Post: 09-27-2008, 10:45 AM
  5. Sentencing: What Is A Conditional Discharge
    By april1966 in forum Criminal Procedure
    Replies: 1
    Last Post: 03-03-2008, 09:25 AM
 
 
Sponsored Links

Legal Help, Information and Resources