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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 16546
Experience:  Experienced Licensed Attorney / Criminal Law Mentor
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how can I get a Felony theft by deception charge in Illinios

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how can I get a Felony theft by deception charge in Illinios expunged or sealed?
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Alex Esquire :

Hello. My name is XXXXX XXXXX I will be glad to help you.

Alex Esquire :

Please give me a minute so I can research it and provide you with a detailed answer.

Alex Esquire :

Expungement is only an option if you have no convictions (misdemeanor or felony) on your record. That means you cannot have convictions in other states either.

Customer :

that was a first time conviction

Alex Esquire :

ok is it a class 3 felony?

Customer :

is that the same as class c?

Alex Esquire :

I believe so, but let me double check

Customer :

they said it was the lowest level felony before a misdemeanor

Customer :

i have no convictions in any other states. it is the only thing on my record

Customer :

and I would like to have it either expunged or sealed. It happened over 10 years ago and I was not the person that actually did the crime

Customer :

I was an unfortunate casualty of a con man and I paid the price for picking up money for a friend

Alex Esquire :

I sympathize with your situation, it does happen sometimes unfortunately.

Alex Esquire :

Are you sure this was a felony??

Customer :

I was told that it was a Class C felony

Alex Esquire :

Felonies in Illinois are currently classified as

Alex Esquire :

x

Alex Esquire :

1

Alex Esquire :

2

Alex Esquire :

3

Alex Esquire :

4

Alex Esquire :

what was exact charge you were convicted of?

Customer :

Felony Theft By Deception

Customer :

It was under my maiden name

Alex Esquire :

please do not reveal any personally identifying information such as your name etc... this is a public forum.

Alex Esquire :

What was the amount of the alleged theft?

Customer :

3000

Customer :

i wasnt going to put my name

Customer :

but thank you for stating that

Customer :

maybe i have the terms incorrect.

Customer :

i believe it is a class 4 felony

Alex Esquire :

do you have any disposition documents in your possession?

Alex Esquire :

I am checking on this give me a second please

Customer :

not anymore. conviction was in feb 1997

Customer :

it was in effingham county, IL

Alex Esquire :

ok, well theft by deception of an amount between $300 and $10,000 is a class 3 felony.

Alex Esquire :

did you plea bargain the case or were you convicted at trial?

Customer :

I didnt go to any trial so i believe i took a plea bargain

Customer :

i paid restitution and was given probation

Alex Esquire :

so may be it was plead down to a lesser offense of theft by deception of lesser amount it might have been reduced to felony 4.

Alex Esquire :

There is no way to tell without checking the disposition of your case.

Customer :

so if it is 3 or 4 can i have it expunged or sealed if it is my first and only conviction?

Alex Esquire :

But even if it is a felony 3 conviction you can still apply for relief by asking for governor's pardon

Alex Esquire :

not if it is class 3, if it is class 4 first time offense there is generally a chance of having it expunged

Customer :

and what does that entail?

Customer :

so i would need to send a package explaining why I want the expungement/pardon to the governor?

Customer :

and a lawyer is needed to do that?

Alex Esquire :

Well generally you would contact the county where you were convicted to find out if you are eligible for an expungement first

Alex Esquire :

Your chances of a pardon are as good as the petition you submit: There is no guarantee that your pardon will be granted because the final decision is left up to one person: the Governor. If a pardon is your only option, then you should petition for one; otherwise, the (felony) remove conviction is on your record forever. Your chances are as good as your case. If you made one mistake many years ago and since then you haven't been in trouble, you have gotten a job and have raised a family or completed a degree, then your chances are better than the person who has been arrested several times since the conviction, has no job experience and no education. The better you can present yourself and your case to the Illinois Prisoner Review Board and the Governor, the better your chance of receiving the pardon. You don't get unless you ask and you have nothing to lose for asking, so ask for that pardon! I suggest hiring an attorney who knows how to prepare a petition for clemency. Just like you would hire a divorce attorney to help you with your divorce, you should hire a pardon attorney to help you seek a pardon!



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