Conviction

Misdemeanor convictions that cannot be sealed: crimes of violence

November 23, 2012
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A person who is found guilty of a misdemeanor can have his record expunged in most circumstances. Most misdemeanors allow the court to impose a term of supervision if the defendant has no criminal history. Supervision is not a conviction, and it can be expunged. A conviction, however, cannot be expunged. It can only be [...]

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Job applicants with criminal records may find employment under new EEOC policy

October 29, 2012
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As anyone with a criminal record can tell you, one conviction can have a devastating impact on your future. When you apply for a job with a criminal record, you usually don’t expect to make it past the background check. But that all may change soon under an important policy change with the Equal Employment [...]

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Important changes to Illinois retail theft laws in the year 2012

April 24, 2012
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Illinois state law concerning retail theft has seen some significant changes in the year 2012. State lawmakers in Springfield have overhauled the retail theft statute. First, the offense is no longer found under 720 ILCS 5/16A-1. That section was repealed, and replaced by Section 16-25. All charges for retail theft written in 2012 fall under [...]

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Illinois law changes definition of forgery in 2012

January 16, 2012
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State lawmakers made several changes to the Criminal Code in 2012. New crimes have been established and penalties for old crimes have been increased. One of the most important changes in Illinois law concerns forgery. This offense is a Class 3 felony which is punishable by 2-5 years in prison. The maximum fine for such [...]

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Summary of sentencing rules for misdemeanor offenders

December 5, 2011
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The potential penalties for a Class A misdemeanor offense include up to one year in the county jail and a maximum fine of $2500. Technically, a sentence of incarceration can last for only 364 days. A jail sentence of 365 days or more is only permissible for a felony offense. Additionally, any sentence lasting one [...]

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Examining State Police expungement statistics

October 4, 2011
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The Illinois State Police are mandated by law to keep track of how many petitions to expunge or seal they receive each year, and what the outcome is. This is a new legal obligation. It became mandatory through the Expungement Backlog Accountability Law. 20 ILCS 2630/14. In the past, the State Police were notorious for [...]

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Two types of domestic battery and penalties

September 13, 2011
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The law in Illinois provides that there are two types of domestic battery offenses. First, a person can be charged with domestic battery for causing bodily harm to any family or household member. Second, a person can also be charged with domestic battery for making contact of an insulting and provoking nature with any family [...]

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Statistics show increase in felony charges across state of Illinois

May 29, 2011
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The Illinois Criminal Justice Information Authority has been tracking felony and misdemeanor filings in state courts throughout Illinois over the years, and their findings may surprise you. The findings come as no surprise, however, to attorneys and judges handling these caseloads. The studies prove that, on average, prosecutors are seeking stiffer penalties more than ever. [...]

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Illinois felonies result in conviction despite fact that offender has no criminal background

May 24, 2011
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A person with no experience in the criminal justice system will see that the courts make a distinction between felony and misdemeanor cases. In almost every courthouse in Illinois, felony cases are heard by a judge who hears only felony matters. The judge presiding over felony cases is usually a Circuit Judge. These judges are [...]

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Illinois law on felony probation sentences, generally

May 20, 2011
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The principal rule in regards to felony sentencing in Illinois courts is that the judge is not allowed to sentence the defendant to a conviction only. Rather, the law requires that the judge must sentence the defendant to a conviction combined with some other terms. Usually in felony cases, the judge has discretion to sentence [...]

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