Legal Question in Criminal Law in Illinois

I am not a crook.

On 06/08/03 I and my niece were shopping in Carsons. After shopping we were attempting to leave the mall and were approached by Carson's security. I and my niece were asked to accompany the guards to the security area where I was shown a video tape that showed my niece shoplifting. Although the tape had no evidence of me shoplifting and I was not shoplifting, because I was the adult I was charged with the crime. The crime that I was charged with was 720 ILCS 5/16a-3(a) which is Retail Theft. At the time of my court date my Public Defender advised me that it would be beneficial to me to plead guilty and have the charge expunged in two years. Well the two years have arrived and on 02/15/06 I returned to court to have this expunged from my record and was told that it takes five years from the date of offense before I can attempt to have this charge expunged from my record. I would like to know if this is true? Is there any recourse that I have to appeal this decision that was made against me in 2003?


Asked on 2/15/06, 8:09 pm

2 Answers from Attorneys
George Zuganelis Zuganelis & Zuganelis, Attorneys at Law, P.C.

Re: I am not a crook.

Unfortunately, you have to wait 5 years to expunge a retail theft, but only if you received supervision as a sentence. You would have had the avenue of filing a post-conviction petition, but for a misdomeanor it had to be done within 18 months of sentencing. You were suffering from the common malady of "getting something for nothing." Well, when you pay nothing, you get nothing. You're just out of luck. A private lawyer, whom you would have had to pay, would have tried the case and gotten you a "not guilty." That's getting value for what you pay. You have to wait 3 more years.

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Answered on 2/16/06, 9:38 am
Steve Haddad Steve E. Haddad Attorney at Law

Re: I am not a crook.

It is true. Unfortunately the law has changed since the Public Defender told you that in 2 years you could have expunged the offense. It is now 5 years. I believe this change occured in 2004. If you have any questions, dont hesitate to call me.

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Answered on 2/16/06, 9:04 am


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