Legal Question in Criminal Law in Illinois

Re: with held judgement

There is generally not a disposition in Illinois of with held judgment. There are certain kinds of drug case dispositions that provide for a circumstance that you describe, sometimes referred as 410 probation. When that is completed successfully, it is subject to a motion to vacate and if that happens, then the case is dismissed. At that time, the arrest record becomes expungeable. If it is properly expunged, then it will not appear on a background check. Until that time, the record will exist. In this day and age, once a record exists, it is often picked up in non-governmental data bases. Expungement only relates to government records. This can cause problems for folks that have done everything right and still have to explain felony backgrounds. For more information on other aspects of Illinois felony procedure please visit http://www.shestokas.com/Felony.html