1995 Domestic Battery - Expungement - State's Attorney Objection

[worthspending]

What is the name of your state (only U.S. law)? DuPage County, Illinois

- I am looking to expunge a Domestic Battery case from 1995.
- I filed the petition with the clerk.
- The states attorney filed an objection and did not give a reason in any of the paperwork.
- I called the states attorney office and have not received any reply (I didn't expect one).
- I was able to find out the reason over the phone. I do not have the exact verbiage, however, the objection is something like "Due to the nature of this case, law enforcement needs to know the history."
- I have no priors in Illinois or any other state.
- I was not convicted.
- The charge was reduced to Battery.
- I received court supervision.
- The sentence terminated successfully.

I'm not an expert, however, the state's position seems a lot like using the "Safety" keyword. "For safety reasons, law enforcement needs to know the history."

My question is: How would you argue against the state's position?

 

[quincy]

What is the name of your state (only U.S. law)? DuPage County, Illinois

- I am looking to expunge a Domestic Battery case from 1995.
- I filed the petition with the clerk.
- The states attorney filed an objection and did not give a reason in any of the paperwork.
- I called the states attorney office and have not received any reply (I didn't expect one).
- I was able to find out the reason over the phone. I do not have the exact verbiage, however, the objection is something like "Due to the nature of this case, law enforcement needs to know the history."
- I have no priors in Illinois or any other state.
- I was not convicted.
- The charge was reduced to Battery.
- I received court supervision.
- The sentence terminated successfully.

I'm not an expert, however, the state's position seems a lot like using the "Safety" keyword. "For safety reasons, law enforcement needs to know the history."

My question is: How would you argue against the state's position?

Here is a link to Illinois Legal Aid information on "Expunging Your Criminal Record:"
http://www.illinoislegalaid.org/index.cfm?fuseaction=home.dsp_content&contentID=4646&zipcode=604328&criteria=expungement&print=yes

If I wanted to argue against the state's position, I would probably provide the state with what the state requested - the history of the offense (arrest records, court records, dispositions). Domestic violence and domestic battery convictions cannot be sealed or expunged (you need a Governor's pardon), so what it appears you need to do is show the state why the domestic battery originally charged was reduced to battery.

As a note, if you required court supervision, that generally means you needed to plead guilty to the charge and the charge would only be discharged and dismissed upon satisfactory completion of your sentence.

There are legal aid clinics where you can seek help in gathering together what you need for the state. Good luck.

 

[worthspending]

Your right, I did plea guilty and completed everything satisfactorily. I did speak with one attorney that stated his argument would be the state has "no statutory grounds" for the objection.

Anyone reading this tread, I would deeply appreciate as many points of view as possible.

 

[quincy]

Your right, I did plea guilty and completed everything satisfactorily. I did speak with one attorney that stated his argument would be the state has "no statutory grounds" for the objection.

Anyone reading this tread, I would deeply appreciate as many points of view as possible.

I recommend you consult with a different attorney.

Although the "no statutory grounds" argument the attorney suggested could potentially be used, it is important to note that the judge is allowed some discretion in determining which petitions for sealing or expungement will be granted and which will be denied. The judge can consider all facts of the original offense and what has happened since the offense was charged. And that is, apparently, what the state is considering in your case.

I don't see, in other words, that arguing your request for expungement is likely to get you anywhere without providing the state what they say they need to make a decision on your case.

 

[Just Blue]

What is the name of your state (only U.S. law)? DuPage County, Illinois

- I am looking to expunge a Domestic Battery case from 1995.
- I filed the petition with the clerk.
- The states attorney filed an objection and did not give a reason in any of the paperwork.
- I called the states attorney office and have not received any reply (I didn't expect one).
- I was able to find out the reason over the phone. I do not have the exact verbiage, however, the objection is something like "Due to the nature of this case, law enforcement needs to know the history."
- I have no priors in Illinois or any other state.
- I was not convicted.
- The charge was reduced to Battery.
- I received court supervision.
- The sentence terminated successfully.

I'm not an expert, however, the state's position seems a lot like using the "Safety" keyword. "For safety reasons, law enforcement needs to know the history."

My question is: How would you argue against the state's position?

If you were "not convicted" then why would you need an expungment?

 

[worthspending]

Is pattern of behavior relevant? Meaning, I drank very heavy into my 30's and I have been sober since Nov 1st, 2003 (11 years).

 

[Just Blue]

Px Hx...

lllllllllll

 

[worthspending]

I was told that court supervision is not a conviction.

 

[quincy]

Is pattern of behavior relevant? Meaning, I drank very heavy into my 30's and I have been sober since Nov 1st, 2003 (11 years).

Yes, that has relevance.

Anything you have done in the time since you were charged that shows you have led an exemplary life since the domestic battery/battery will have relevance.

Safety IS the major concern. The State does not want your offense erased if it appears you might reoffend and/or be a danger to another or others, which is why some offenses cannot be expunged at all.

 

[Just Blue]

I was told that court supervision is not a conviction.

Then if you were not convicted you are free n' clear. No expungment needed.

 

[Zigner]

Then if you were not convicted you are free n' clear. No expungment needed.

It is more likely that the OP was convicted, but the conviction was set aside after successful completion of whatever requirements were given.

 

[Just Blue]

It is more likely that the OP was convicted, but the conviction was set aside after successful completion of whatever requirements were given.

I know...But that is not what OP stated. S/He needs to clarify that point.

 

[Zigner]

I know...But that is not what OP stated. S/He needs to clarify that point.

Agreed - he needs clarification in his own mind because it sounds like he either doesn't understand or doesn't remember correctly.

 

[single317dad]

It seems that considering "2nd Chance Probation" under 730 ILCS 5/6-3.4 and 20 ILCS 2630/5.2(b)(7), it is possible to be charged and sentenced to probation/supervision without an actual conviction. It's a unique law that I'm not sure I fully comprehend. If that is OP's situation, he might qualify for expungement.

If the final disposition of the case is:
Acquittal (Finding of Not Guilty)
SOL (Stricken with Leave)
FNPC (Finding of No Probable Cause)
NP (Nolle Prosequi)
No charges filed
Dismissal
Supervision (which was successfully completed)
Section 10, 410 (710 or 1410), 70 or TASC Probation (which was successfully completed)

Then expungement is possible.

If the disposition is:
Probation (except 710, 1410, Section 10, Section 410, 40-10 or TASC probation)
Conditional Discharge
Fine (without the term "supervision")
Time Served
Jail or DOC Time
Finding of guilty by a judge or jury (without the term "supervision")

Then expungement is not possible.

https://www.illinois.gov/osad/Expungement/Documents/Crinminal%20Exp%20Guide/DoIQualifytoExpungeorSeal.pdf

https://www.illinois.gov/osad/Expungement/Documents/Crinminal Exp Guide/DoIQualifytoExpungeorSeal.pdf

 

[worthspending]

I just checked the original paperwork from the court.

- Plea: checkbox for Guilty is checked.
- Found guilty by: checkbox for court is checked.
- Type of sentence: checkbox for court supervision is checked.
- ordered to complete domestic violence program.

I have every scrap of paperwork including receipts. Everything was completed and I have verified it with the clerk.