What doI do if I pled guilty to a misdemeanor charge but my court papers say I did not receive a criminal conviction?

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What doI do if I pled guilty to a misdemeanor charge but my court papers say I did not receive a criminal conviction?

This was my first time offense and I haven’t had any problems, even a speeding ticket before or since the day it happened. The end of my court supervision is coming up and after that I can apply for expungement. However, I’m not sure what section to mark off as applicable to my case since I’m not sure whether or not I was actually convicted. If it turns out I was convicted, can I even get the misdemeanor expunged?

Asked on July 6, 2011 under Criminal Law, Illinois

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I suspect that what happened here is that since you were a first-time offender you were entered into an alternative sentencing program (known a diversion in many states). Pursuant to diversion, the defendant goes to court and enters a guilty plea. They are then put on a special probation. If all terms are successfully completed then the plea is withdrawn and the case is dismissed. At this point the person's criminal history record (i.e. rap sheet) is automatically expunged.

However, without more facts of the case it is hard to say for certain. At this point you should consult directly with a criminal law attorney in your area.


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