Exclusively Practicing Criminal Defense for
Two Decades
David Olshansky

First Offender Probation: Expugnable From the Public Record

First time offenders of the Illinois Controlled Substance Act charged with possession of cocaine are eligible for a special type of probation that upon successful completion shall not be termed a conviction and, if otherwise eligible, after a waiting period, can be expunged from the public record. This special probation is authorized under Illinois Statute 720 ILCS 570/410.

To be eligible for this probation the person must be charged with possession of less than 15 grams of cocaine and may not have a prior conviction, probation, or supervision for an offense under the Illinois Cannabis Control Act or the Illinois Controlled Substance Act. Also, the person must plead guilty or be found guilty of the qualifying offense.

There are many conditions that go along with this special probation, including that the person shall: not violate any criminal statute of any jurisdiction; refrain from possession of a firearm or other dangerous weapon; submit to periodic drug testing at a time and in a manner as ordered by the court, but no less than 3 times during the period of the probation, with the cost of the testing to be paid by the probationer; and perform no less than 30 hours of community service.

The court may, in addition to other conditions, require that the person: make a report to and appear in person before or participate with the court or such courts, person, or social service agency as directed by the court in the order of probation; pay a fine and costs; work or pursue a course of study or vocational training; undergo medical or psychiatric treatment; or treatment for drug addiction or alcoholism; attend or reside in a facility established for the instruction or residence of defendants on probation; support his dependents; refrain from possessing a firearm or other dangerous weapon; refrain from having in his or her body the presence of any illicit drug prohibited by the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act, unless prescribed by a physician, and submit samples of his or her blood or urine or both for tests to determine the presence of any illicit drug; and in addition, if a minor: reside with his parents or in a foster home; attend school; attend a non-residential program for youth; contribute to his own support at home or in a foster home.

Upon fulfillment of the terms and conditions of probation, the court shall discharge such person and dismiss the proceedings against him and discharge and dismissal under this probation is not a conviction for purposes of disqualification or disabilities imposed by law upon conviction of a crime.