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Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 102522
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Where can I find information on "revised sentencing order"

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Where can I find information on "revised sentencing order" for a 1410 drug charge?
Thank You,
Hello, my name is Ely. Welcome to JustAnswer. Please note: (1) this is general information only, not legal advice; and (2) my function is to give you honest information and not necessarily to tell you what you wish to hear. There may be a slight delay between your follow ups and my replies as I reply.

This depends - what do you mean by "information?" As in, what the Court will take into consideration for sentencing? Or, something else? In other words, what do you seek to know?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. I look forward to helping you.
Customer: replied 4 years ago.

I want to know why on my court records I am a "convicted" felon when I have been told by my lawyer I am not. It is a "1410" first time offender. I have had for 6 months and it has become an issue and I am in danger of being fired if I don't get my court record changed. No one seem to understand this, How can I prove this? or put an end to it?




Thank you for your clarification, Sarah.

You are referring to the(NNN) NNN-NNNNprobation. You are placed in probation for up to two years during which time the proceedings are deferred. If you complete(NNN) NNN-NNNNprobation satisfactorily the charges will be dismissed all-together.

So you have a conviction, actually, but it is "deferred," i.e. not official on your record, and will not be provided that you complete the probation satisfactorily, at which time the whole matter will be dropped.

Of course, this often causes a lot of confusion. What someone in your situation may wish to do is show them the code behind the program. This is under 720 ILCS 570/410, here.

Specifically: "(b) When a person is placed on probation, the court shall enter an order specifying a period of probation of 24 months and shall defer further proceedings in the case until the conclusion of the period...

MOST IMPORTANTLY: "(g) A disposition of probation is considered to be a conviction for the purposes of imposing the conditions of probation and for appeal, however, discharge and dismissal under this Section is not a conviction for purposes of this Act or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime."

Once you show them the "g" sub-section, they should understand, hopefully.

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