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Thelawman2
Thelawman2, Lawyer
Category: Criminal Law
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Experience:  Attorney-at-Law
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I have a battery charge .now I was put on supervisoon and I

Resolved Question:

I have a battery charge .now I was put on supervisoon and I pleaded guilty because I was told it wasn't going to be on my record..now its keeping me from working the job of my dreams...now the person I was accused of beating up knows and would testify saying I did no such thing. Is there a way I could get it taken back to court or taken off my record.. the cops never asked me what happened when they got there they just gave me a ticket so I am wrongfully charged with this and its ruining my future..I am under 21 and have no other criminal background other then traffic tickets..is there anything I can do.. I live I Illinois btw
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Thelawman2 replied 1 year ago.

Thelawman2 :

If you were put under supervision and such supervision was successfully completed, you are then permitted to petition for your criminal records to be expunged.

Thelawman2 :

According to 20 ILCS 2630/5.2: A petitioner may petition the circuit court to expunge the records of his or her arrests and charges not initiated by arrest when Each arrest or charge not initiated by arrest sought to be expunged resulted in an order of supervision and such supervision was successfully completed by the petitioner

Thelawman2 :

You can ask for expungement after 2 years following the termination of the supervision

Thelawman2 :

You would need to file a petition requesting expungement with the clerk of the court where you were charged

Thelawman2 :

Additionally, another avenue, if the two years have not passed, is to ask for a pardon by the Governor for the conviction.

Thelawman2 :

In seeking a pardon the first step is to contact the Illinois Prisoner Review Board by letter. The Board will send you an application for a pardon.

Thelawman2 :

In completing the pardon application it will be necessary to provide the case number, court location, date of conviction, the name of the prosecutor, and the name of the judge in the case involving the felony conviction. You also must summarize your present activities within the community where you reside. This will include information concerning employment, education and positive involvement in community affairs. The judge and the prosecutor involved in the case must receive a copy of the pardon application. Once the application is submitted, you will have an opportunity to appear before the Prisoner Review Board to request a pardon. After the hearing, the Review Board will make a recommendation to the sitting Governor of the State of Illinois regarding your application for a pardon. In general, the results of the pardon request are available within 10 months, but the Governor is not legally required to take action on any petition.

Customer:

I want to get back to work as soon as possible.two years have not passed..my supervision is not done...how fast can this be done..the pardon

Thelawman2 :

The pardon request would take 10 months, so it is still a long ways off.

Customer:

Is it way too late to appeal what the judge ordered

Customer:

Is there any faster or easier way to do this..is this staying on my record after supervision

Thelawman2 :

Unfortunately, there is not a quicker way. After supervision, you can seek expungement to get it off your record

Customer:

So do I need a lawyer for this?

Thelawman2 :

Hold on one second, I am researching another avenue

Customer:

Ok

Thelawman2 :

You can also file a petition for post-conviction relief in the circuit court where you were charged or arrested. You can do so by claiming "actual innocence," which you have evidence of. \

Customer:

How long does that take. How would I go about doing that

Thelawman2 :

This would be a faster method; however, it is also very complicated and I would highly suggest that you hire a local attorney to handle all of the procedural issues.

Thelawman2 :

It could be as short as a few months depending on how fast you get on the court's docket

Thelawman2 :

The court HAS to a decision within 90 days.

Thelawman2 :

If you go to a local lawyer, point them to 725 ILCS 5/122-1. That is the statute that is controlling in this instance.

Customer:

Is there a difference between a lawyer and an attorney. .ok ill do that ..so first step would be what? Get an attourney?

Thelawman2 :

Yes, get an attorney (there is no difference between lawyer and attorney). You should find one who specializes in criminal law.

Customer:

Ok is there anything else that I should look for when looking for an attorney. Also how much do you think this would cost me?

Thelawman2 :

Any criminal attorney should work. As for the cost, it could end up being a couple thousand.

Customer:

Alright thank you very much.

Thelawman2 :

You are welcome, please provide positive feedback

Thelawman2, Lawyer
Category: Criminal Law
Satisfied Customers: 788
Experience: Attorney-at-Law
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