Legal Question in Criminal Law in Illinois
Conditional Discharge??
I plead guilty to a domestic violence charge in 95, I recieved a suspended sentence of 1 year in jail and 18 months conditional discharge. I want to get back into law enforcement, but I need to know if this is considered a conviction as this is a disqualifier for law enforcement. Also, if it is a conviction can I get it expunged due to the conditioanl dishcarge and following through with the conditions. Please help me. Thank-you.
2 Answers from Attorneys
Re: Conditional Discharge??
Anyone convicted of domestic violence pursuant to
federal law can not ever possess a firearm absent a
pardon. A conditional discharge is something that is
not typically used in Arizona. I will assume that
you were convicted in another state. If a
conditional discharge equals a deferred prosecution
and there was no conviction then a federal firearm
disability would not apply to you. Convictions are
vacated not expunged. Your conviction can likely
be vacated however, this does not help you as far
as the federal firearms prohibition for individuals
convicted for domestic violence.
Re: Conditional Discharge??
Depends on the state conviceted in, what law exactly were you convicted of, etc. You will most likely have many problems.