Legal Question in Criminal Law in Illinois

Assault

I was convicted of assault on June 15, 2002. I went to court on July 15, 2002. The arresting officer did not press charges against me at court. I was under the impression that my record was clean. I did a background check on myself and found that I had a conviction of Assault on my record. The background check revealed that I was sentenced to 6 months supervision.

The court made a mistake in convicting me of assault when the arresting officer stated clearly to the State's Attornet that he was not pressing charges against me. Can I file a petiton to dismiss the case? Can I expunge this conviction from my record?

I have a letter from the arresting agency and officer stating that no charges were charges against me and do not know why there is a conviction on my record. What should I do?

Any advice on this matter would greatly be appreciated.


Asked on 1/24/05, 12:02 am

1 Answer from Attorneys
alexander tolmatsky law offices of alexander tolmatsky

Re: Assault

(1) call the court that you were in in 2002 and find out if there was a court reporter in your court room when your case was in court for the lasr time. Get a copy of your transcrip to make sure what was stated and recorded. If your supervision is in errror and you never plead guilty then you should file a motion to correcr your record and have a dismissal recorded by the clerk, then you can file a petition to seal your arrest; (2) if you did plea guilty and signed a jury waiver then the court order reflecting 6 mo supervision is probably correct. Since your supervision terminated more then 2 years ago you can call the clerk of the court and find out if your case is sealable or you have to wait another 3 years to do it. I think that you can seal it after two years provided that you have no other criminal convictions.

Get your court file and the transcrip t omake sure what is going on. Contact a lawyer for help as soon as you have the information.

Read more
Answered on 1/24/05, 12:09 am


Related Questions & Answers

More Criminal Law questions and answers in Illinois