Expungement of an ordinace charge?

What is the name of your state (only U.S. law)? IL -

Can a guilty plea of a city ordinance of a cannibis possession charge qualify for an expungement in the future?

In a packet I recieved at the courthouse explaining the guidelines for an expungment, I came across this about Cases that CAN be expunged:

c. Cases in which an Order of Supervision was entered and five years have passed since termination of supervision for the following charges:
-uninsured motor vehicle
-suspended registration for non-insurance
-desplay of false insurance
-scrap processor to keep records
-domestic battery
-criminal sexual abuse
-aggravated battery of a child
-offense retail theft

OR

d. Cases in which an Order was entered terminating probation and at least five years have passed since the order of termination was entereed under the following statutes:
-cannabis control act (first time offender only)
-control substance ace (first time offender only)
-steroid control act
-alcohol and drug dependency act

Nothing is mentioned of a supervision for an oridinance for cannabis in this section of the packet.

Do the following statements apply to his case? (Taken from the packet)

Cases that CANNOT be expunged include:
a. A gulity plea, guilty finding or guilty verdict resulting in a sentence other than probation under the Cannabis Controlled Substances, Steroid Control or Alcohol and Drug Dependency Act.

b. Probation (except under the Cannabis Controlled Substances, Steroid Control or Alcohol and Drug Dependency Act.)

This affects my 17 yr old son.

Will he be able to apply for an expungement?

What trouble will cause him to not recieven an expungement if he qualifies for one?

Finally - if he is able to expunge, do we wait 2 years or 5?

Can anyone answer this??

Depends was he sentenced under your states first time offender status?

No - just sentenced under a city ordinance charge. not arrested. not a misdemenor

My son's name does NOT appear in a background check yet, but it might be too soon, as his last court date was 12/19. When would it appear? (BTW - mine does, but I am a property owner, have a marriage record and a couple driving tickets)

FYI - his Social Services Case worker thought it would need to get expunged (5 yrs??). Didn't know for sure.

You know he qualifies based off the laws in your state for first time offenders.

I would make sure it shows up in a criminal background check before I would try and get it removed. You do not want to waste an expungement for a crime that does not show up in his background check. It could take up to 60 days for the paperwork to get through the system. More than likely it will be coded in since a citation for an arrestable offense is still a conviction but then again it may not????? who knows??? the wheels of criminal justice is quick to convict but slow to process paperwork******************************************....

not enough info

all states are differant. was he charged as an adult? your son is 17 corrrect? in some states that makes him a juv. if it is only a city ordiance, it will not show up as a criminal charge, check with the clerk of court. if it is a criminal charge you will have to wait five years for a possibilty of it being removed. hope this helped

he was 16 when the ticket was issued and court procedings started. he turned 17 two months later. his lawyer didn't think it was a big issue (being an oridinance) and said no to the expungement, but his case worker said he might be able to expunge it and should look into it in 5(?) years. inconsistant answers, so I thought I might get some definite ones here.

I will give a call to the clerk's office and ask. thanks for all your help here.

on second thought - if I ask, will that make the paperwork move in the direction of getting coded????? (putting those thoughts in the minds of those in control??)

Durable needed said:

on second thought - if I ask, will that make the paperwork move in the direction of getting coded????? (putting those thoughts in the minds of those in control??)

Click to expand...

DO NOT CALL AND ASK THEM ANYTHING.

Go you local state police and have a background check ran -- or use one of the private online companies. If nothing shows up then you are good but this does cost money.

The state police background check is cheaper and if it is not there then it will not be on private companies checks either.... good luck.....

Not legal advice. Helps a little if we knew what city ordinance? Its not that important your state licensed attorney might have a better legal opinion over a case worker. Every place is different, but you mention your lawyer thinking it was not a big deal. A city ordinance well at least it was not under state laws. My cousin had a city ordinance very simular but in WA. She past a state trooper background and is on patrol.

Should add that not real legal advice, more wisdom. The only people you should talk with about this perceived problem of yours. Is a private licensed lawyer. I'll look up the Supreme Court case cite. Basic state administrative code, county and municipal ordinance's when contrary to state or federal laws are "notwithstanding". Talking with state agents is never a good idea when your clouded on laws and even more so in cases like this.

Redemption man - thank you for that tip. I will hold off on that call, and use the state police background check instead. It is cheaper than a private one ($16 for a NON-fingerprint check, $20 for a fingerprint one) and that will settle my nerves down for him.

But, how long do I wait before I attempt to run a check?
And - what do we do if the record does show up? (ie - how will I know to wait 2 or 5yrs or not at all?) This situation doesn't seem to apply to the written rules as posted above.

poncho - thank you for looking into that for me.

I would give it a few months from the time of the payment of fine/ conviction. If it is not on there within 6 months then more than likely it will not have been coded in. If it appears then contact a licensed attorney in the county for which the offense occurred about expungement procedure this will cost I am guessing 350 - 500 bucks.... good luck