Criminal Law Questions? Ask a Criminal Lawyer.
Hello. My name is XXXXX XXXXX I will be glad to help you.
Please give me a minute so I can research it and provide you with a detailed answer.
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.
A good general rule is that no felony conviction is sealable and no misdemeanor violent crime conviction is sealable. * Exception: Some Class 4 felony first time offenders can be sealed. However, most misdemeanor convictions are sealable.
that was a first time conviction
ok is it a class 3 felony?
is that the same as class c?
I believe so, but let me double check
they said it was the lowest level felony before a misdemeanor
i have no convictions in any other states. it is the only thing on my record
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
I was an unfortunate casualty of a con man and I paid the price for picking up money for a friend
I sympathize with your situation, it does happen sometimes unfortunately.
Are you sure this was a felony??
I was told that it was a Class C felony
Felonies in Illinois are currently classified as
what was exact charge you were convicted of?
Felony Theft By Deception
It was under my maiden name
please do not reveal any personally identifying information such as your name etc... this is a public forum.
What was the amount of the alleged theft?
i wasnt going to put my name
but thank you for stating that
maybe i have the terms incorrect.
i believe it is a class 4 felony
do you have any disposition documents in your possession?
I am checking on this give me a second please
not anymore. conviction was in feb 1997
it was in effingham county, IL
ok, well theft by deception of an amount between $300 and $10,000 is a class 3 felony.
did you plea bargain the case or were you convicted at trial?
I didnt go to any trial so i believe i took a plea bargain
i paid restitution and was given probation
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.
There is no way to tell without checking the disposition of your case.
so if it is 3 or 4 can i have it expunged or sealed if it is my first and only conviction?
But even if it is a felony 3 conviction you can still apply for relief by asking for governor's pardon
not if it is class 3, if it is class 4 first time offense there is generally a chance of having it expunged
and what does that entail?
If you do not qualify for expungement or sealing, you must seek a pardon from the governor. Pardons are not just for people who have done time in prison! Anyone who has a conviction needs a pardon! (Unless it's a sealable conviction or a Class 4 exception.) However, the governor has the power to both pardon an offender and issue an executive order to expunge the conviction. Pardons are also a matter of discretion, and they are handled on a case-by-case basis. There is no requirement for the governor to address a pardon application within any period of time. It is not uncommon for a governor to wait until the end of the final term to make such decisions and avoid potential political backlash.
so i would need to send a package explaining why I want the expungement/pardon to the governor?
and a lawyer is needed to do that?
Well generally you would contact the county where you were convicted to find out if you are eligible for an expungement first
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!