One of the most frequently misused terms in criminal law is conviction. All too often a person will talk about a case and say that if they’re found guilty they were convicted. But this is not entirely accurate.
Under Illinois law, when a person is found guilty the court enters a judgment against him. The judgment is similar to a judgment against someone who is in debt. The judgment can be enforced against a person.
But in a criminal case, the judgment allows the court only to impose a sentence.
For example, when the court enters a judgment against person, the court is sentencing a person. The court is authorized to impose a sentence of jail or a sentence of probation.
The term conviction, describes the type of sentence not a finding of guilt.
The term conviction is defined under Illinois statute 720 ILCS 5/2-5.
The statute reads as follows:
“Conviction” means a judgment of conviction or sentence entered upon a plea of guilty or upon a verdict or finding of guilty of an offense, rendered by a legally constituted jury or by a court of competent jurisdiction authorized to try the case without a jury.
As you can see a conviction is not a finding of guilt, but rather a sentence imposed by the court.
The consequence of a conviction is that the person is no longer eligible to have his record expunged. In fact even one conviction will disqualify all other offenses from expungement.
This is why it is critical to fight every criminal charge to the fullest extent. The consequences of a conviction are severe.
A conviction is a permanent criminal record.
