If I want to fill out my FOID card application but have been arrested and put into deferred prosecution, have I been convicted?

I have not yet completed the terms because that period won’t end for another 4 months. I don’t even know the charged I have against me? Will I have to wait until the period is over to accurately say I haven’t been convicted?

Asked on November 20, 2013 under Criminal Law, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Under the program issued by the State of Illinois, you have to successfully complete the program in order for the State's Attorney's Office to actually dismiss the charges against you.  So the answer to part of your question is yes, you need to wait.  Now, you need to find out the charges against you.  That is part of your court file and the arrest record.  You need to look at it or have an attorney do so.  Once you have successfully completed the program and the matter dismissed you need to have the arrest record expunged or sealed, otherwise it will show up forever on a background check (note: it may show up anyway to certain officials like law enforcement, etc. but to an employer it will most likely be unavailable). This is a gift.  Treat it as such.   

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Under the program issued by the State of Illinois, you have to successfully complete the program in order for the State's Attorney's Office to actually dismiss the charges against you.  So the answer to part of your question is yes, you need to wait.  Now, you need to find out the charges against you.  That is part of your court file and the arrest record.  You need to look at it or have an attorney do so.  Once you have successfully completed the program and the matter dismissed you need to have the arrest record expunged or sealed, otherwise it will show up forever on a background check (note: it may show up anyway to certain officials like law enforcement, etc. but to an employer it will most likely be unavailable). This is a gift.  Treat it as such.   


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