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410 probation

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W

Wakeup

Guest
What is the name of your state? Illinios

I need a simple answer. I am currently finishing a 410 probation. Have met all obligations which conclude March 05. My question, if I have a backround check, will that show up? What will show up?to fill out a job app....Am I correct in assuming I can check NO to "have you ever been convicted of a felony?"

If a job app asks "have you ever been charged or convicted with drug charges...." is my answer yes or no when I am finished with this probation (410)

Thank you!
 


ptlmejo

Member
Explain to us briefly what you were charged with and what a "410" probation in IL is. Is it probation in the sense that you were convicted and probation is in lieu of jail time or is it more of a deferred prosecution agreement?
 
W

Wakeup

Guest
Illinios
Thanks for replying. I am amazed at the different answers I get, even from my lawyer. I illegally obtained prescription meds. I have gone thru consciling, and everything else. I know it was wrong. It happens. I want to move ahead with my life. Although, it is VERY HARD to get the answers I need. When you read below, I assume that once I finish my obligations, My record should be clean. Ex......in Illinois, to request backround on myself for employment purposes, the only thing that can come back are convictions. If I understand this correctly, I will NOT have a conviction....Correct????
***I had to have my case brought up due to vacation. The judge told me to keep up what I was doing, so I will not have a felony on my record. Unfortuneatly, I did NOT think fast enough to ask him more questions!

410 probation,” 720 ILCS 570/410. Section 410(f)
provides that, if a first offender completes this probation without
incident, “the court shall discharge the person and dismiss the
proceedings against him.” The statute continues: 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. 720 ILCS 570/410(g).
 
Last edited:

ptlmejo

Member
Thanks for posting the statue...that helped.

You are correct, you will NOT have been convicted. It is merely a deferred prosecution agreement, therefore, it would not count as a conviction.
 
W

Wakeup

Guest
Thank you for responding. I can not believe how hard it is to get information. I want to go back to school for my Bachelor Degree. I almost fell over...if you are CONVICTED you can NOT get financial aide. WOW! I know what I did was wrong. But, should we be punished for life?????
 
W

Wakeup

Guest
Okay, last question. I want to go for Nursing. With that, it requires an FBI fingerprint record. Even though it is NOT a conviction, will the arrest still show up on the backround check? Do you know anything about this charge and being allowed to take the RN test for liscensing? I have tried to call for days and it is consistantly busy
After my experience, and many other things, I feel that I would make a wonderful nurse. Maybe in rehab or such.
Thank you for you help!
 

ptlmejo

Member
The arrest itself will probably show up, however, I'm not sure if IL law allows them to be asked of on an application.

In WI, for example, only convictions can be asked of, not arrests. I'm not sure if that's just a state law or federal.

Ask around, I'm sure someone will know the definitive answer.
 

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