Legal Question in Criminal Law in Illinois

Pardon for robbery one and only offense
When my daughter was 16, she was involved with individuals who attempted to commit an armed robbery. When she realized what was about to happen, she jumped out of the car and fled. Her 'friends' were caught and they turned her in as an accessory to the attempted crime. She was charged and covicted with robbery, a felony, given 90 days in the Peoria County Jail and 2 years probation. She turned 17 several days after the crime was committed so she was charged as an adult. She had never had any problems before and has not since. She'll be graduating from college soon, is working full time as a residential counselor for youth addicted to drugs and aspires to become a licensed clinical social worker. With a felony, she may not be able to obtain licensure. I have discovered she cannot get exsponged or have her records sealed without a pardon. What are the chances of her getting a pardon and how do we go about trying to do so? She is bright, compassionate and has only this one huge mistake looming over her chances for a successful life in social work. She served her 90 days and has completed her probation with a clean slate. She is now 21. Can you help? We need advise.

Asked on 9/17/04, 3:16 pm

2 Answers from Attorneys

David Shestokas Shestokas, & Associates

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Re: Pardon for robbery one and only offense

We spoke several days ago in which I talked with you about the pardon process, and advised you to get the court records. You indicated that your daughter's record did not show a felony conviction. In our conversation you did not tell me that she was only sixteen at the time of the offense. The time to determine if someone is to be charged as an adult is the time when the crime was committed, not when it is charged (as a general rule). This additional piece of information may explain why no felony appears on your daughter's record. It is likely she was charged with the felony, but as a juvenile, which means there was a finding of delinquency, not one of felony guilt. After you get the court records, please feel free to call at 630-857-8280.

Answered on 9/19/04, 6:41 pm

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