Legal Question in Criminal Law in Illinois

Having a felony removed from your record

At age 18 I was charged with possession of a weapon I was Innocent but the DA offered one year probation and no felony charge if I pleaded guilty so I did for fear of 10 year prison sentence they said I was facing. I didn't have a lawyer and the PD said to take it. I didn't understand the ramifications and now have been turn down or released from several jobs because of the felony record. Would like to know how if possible to remove the felony from my permenant record. I served the 1 year probation and have been a model citizen since (now age 25). Would like a starting point, please advise/help. Thank-you

Asked on 12/10/01, 6:14 am

2 Answers from Attorneys

David Shestokas Shestokas, & Associates

Re: Having a felony removed from your record

Generally felonies cannot be removed from your record. There are also time limits from which a judgment can be appealed, or changed. Usually, absent exigent circumstances, that limit is 30 days. However, if you were under the impression that you were pleading guilty to a misdemeanor and actually plead guilty to a felony, that time frame may be extended. A good place to start is by going to the court and arranging to get a transcript of your plea. That may be your best starting place and something you will need when talking to an attorney about your case.

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Answered on 12/10/01, 7:02 pm

Dennis Kleper Accessible Attorneys

Re: Having a felony removed from your record

There are very few ways to remove a conviction from your record. Most convictions that are set aside result from appeals of court decisions to reviewing courts which correct mistakes of trial courts. These appeals are generally only available for a limited time.

There are exceptions to the general rule, and this may be one of them. Some parts of this statute were challenged and changed. Whether or not these challenges apply to your case will require further investigation. Contact an attorney to determine whether your case would be affected by these changes.

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Answered on 12/10/01, 8:25 am

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