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Conditional Discharge in Illinois - Seal or expungement?

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Toby5125

New member
In January 2018, I was faced with fighting a silly charge of domestic battery asserted by my emotionally ill daughter, (I touched her shoulder trying to calm her down before a doctor appointment) and agreed to a reduced charge of battery with a conditional discharge. My lawyer said I could get it expunged but I am not certain if that is possible. Is my best bet once the year is up to ask for it to be sealed? Thank you.
 


quincy

Senior Member
In January 2018, I was faced with fighting a silly charge of domestic battery asserted by my emotionally ill daughter, (I touched her shoulder trying to calm her down before a doctor appointment) and agreed to a reduced charge of battery with a conditional discharge. My lawyer said I could get it expunged but I am not certain if that is possible. Is my best bet once the year is up to ask for it to be sealed? Thank you.
You need to wait for the final disposition to determine if you qualify for expungement.

If your case disposition is "conditional discharge" rather than "dismissal," you probably will need to look at a sealing of your record rather than an expungement of your record.

What was the law you were charged under? 720 ILCS 5/12-3.2? Was your sentence court-ordered supervision?

Depending on the final disposition, you may need to wait 5 years.
 
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mjpayne

Active Member
In January 2018, I was faced with fighting a silly charge of domestic battery asserted by my emotionally ill daughter, (I touched her shoulder trying to calm her down before a doctor appointment) and agreed to a reduced charge of battery with a conditional discharge. My lawyer said I could get it expunged but I am not certain if that is possible. Is my best bet once the year is up to ask for it to be sealed? Thank you.
How old is your daughter? If she is an adult, I'd also consider not visiting/living with her if she is going to be making unfair accusations against you.
 

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