Exclusively Practicing Criminal Defense for
Two Decades
David Olshansky

Misdemeanor Charges Sentence of Supervision

Misdemeanor Charges Allows for a Sentence of Supervision for Misdemeanor Cannabis Offenses

Illinois statute 730 ILCS 5/5-6-3.1 allows the court upon a finding of guilt, or a guilty plea, to sentence the defendant to a term of Court Supervision for misdemeanor charges of Cannabis.

Supervision is not a conviction, it is considered a deferred sentence, wherein the court will impose certain conditions that the defendant has to follow, and upon completion of the supervision, if the court finds that the defendant followed all of the conditions, the court will enter an order dismissing the charges against the defendant. If the supervision is successfully completed the dismissal and discharge of the charges is a judgment that means the arrest is without adjudication of guilt and will not be termed a conviction for purposes of disqualification or disabilities imposed under law upon a conviction of a crime.

The court can impose a variety of conditions, including paying fines, fees, court costs, drug or alcohol counseling, community service, reporting to social services, attending school, refraining from possessing firearms, not get arrested, and other reasonable conditions. the period of supervision must be reasonable, but cannot exceed 2 years unless there are fees imposed and the defendant has not paid them by the end of the term of supervision, where after the court can extend the term.

After a period of time passes, after the dismissal, the arrest can be expunged or removed, from the public record, as long as the defendant is otherwise qualified for the expungement process.