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When does the 5 years start?


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#1 Xploit3d

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Posted 15 May 2019 - 04:47 PM

Hello,

 

I apologize because this probably exists somewhere on the website, but I couldn't locate it with the search function.  In 2012, I got a DUI.  I couldn't find my paperwork but I was pretty sure I was in the clear, passing the 5 years, so I went ahead with my application.  I applied May 05, but last night I found my treatment papers.  I didn't complete my treatment until May 2x, 2015.  Is that the date I have to wait 5 years?  I was rated "significant risk" because my DUI was for marijuana, so the 5 years applies to me because I took the victim impact panel and 20 hours of counseling.  Am I SOL and will have to take the class again next year and reapply?  I should've been more careful cos I feel like all this money is going to be wasted. 

 

 

Thanks for your help!



#2 Glock23

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Posted 15 May 2019 - 05:06 PM

If they did reject or deny due to you applying a few days early, you would likely only need to resubmit your application after the 5 years were officially up (in the case of a rejection) or submit an appeal in the case of a denial, detailing that you are now (in a week or so) beyond the 5 year mark. You wouldn't need to take the class again or pay for your application again.

Edited by Glock23, 15 May 2019 - 05:07 PM.

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#3 Craigcelia

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Posted 15 May 2019 - 05:11 PM

One DUI shouldn't be a reason to not issue your license, for some reason I thought it was two within 5 years. Could be wrong of course but I dont have the statutes in front of me. Sent from my SM-G955U using Tapatalk

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#4 Xploit3d

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Posted 15 May 2019 - 05:11 PM

Next May would be the 5 year mark since I finished my counseling in 2015.



#5 Xploit3d

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Posted 15 May 2019 - 05:13 PM

One DUI shouldn't be a reason to not issue your license, for some reason I thought it was two within 5 years. Could be wrong of course but I dont have the statutes in front of me. Sent from my SM-G955U using Tapatalk

 

 

The DUI isn't the issue.  It's the fact that because my DUI was for marijuana, the counselor labelled me as "significant risk" which is considered (from what I read in the "wrongfully denied for "treatment" thread) treatment for alcohol addiction or drugs.


Edited by Xploit3d, 15 May 2019 - 05:14 PM.


#6 Craigcelia

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Posted 15 May 2019 - 06:17 PM


One DUI shouldn't be a reason to not issue your license, for some reason I thought it was two within 5 years. Could be wrong of course but I dont have the statutes in front of me. Sent from my SM-G955U using Tapatalk


 
 
The DUI isn't the issue.  It's the fact that because my DUI was for marijuana, the counselor labelled me as "significant risk" which is considered (from what I read in the "wrongfully denied for "treatment" thread) treatment for alcohol addiction or drugs.

I still don't see how the weed involvement is a denial factor, but you would probably know better. I know the agency I work for wouldn't object to that. Unless you were a threat to yourself, others or public safety of course....

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#7 Glock23

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Posted 15 May 2019 - 06:26 PM

My bad, I overlooked the 2015 part... thought your 5 years was up next week.
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#8 Euler

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Posted 15 May 2019 - 06:33 PM

There are 2 conditions for which a 5-year time limit applies.

...
(3) has not been convicted or found guilty in this State or in any other state of:
...
(B) 2 or more violations related to driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof, within the 5 years preceding the date of the license application;
...
(5) has not been in residential or court-ordered treatment for alcoholism, alcohol detoxification, or drug treatment within the 5 years immediately preceding the date of the license application;
...


So in your case, it's 5 years from your release date.

Edited by Euler, 15 May 2019 - 06:35 PM.

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#9 Xploit3d

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Posted 15 May 2019 - 06:35 PM

 

One DUI shouldn't be a reason to not issue your license, for some reason I thought it was two within 5 years. Could be wrong of course but I dont have the statutes in front of me. Sent from my SM-G955U using Tapatalk


 
 
The DUI isn't the issue.  It's the fact that because my DUI was for marijuana, the counselor labelled me as "significant risk" which is considered (from what I read in the "wrongfully denied for "treatment" thread) treatment for alcohol addiction or drugs.

I still don't see how the weed involvement is a denial factor, but you would probably know better. I know the agency I work for wouldn't object to that. Unless you were a threat to yourself, others or public safety of course....

No, I just used to smoke when when I lived in my hometown.  I've since moved on and have a family I want to protect.  It's the counseling part that is the issue, right? That's what I gathered from reading the board.  Because I had over a certain amount of counseling hours, I have to wait 5 years.  I just don't know if the five years is from my conviction date (I actually took a plea deal) or if its from the date I finished my counseling.

 



#10 Xploit3d

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Posted 15 May 2019 - 06:40 PM

There are 2 conditions for which a 5-year time limit applies.

...
(3) has not been convicted or found guilty in this State or in any other state of:
...
(B) 2 or more violations related to driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof, within the 5 years preceding the date of the license application;
...
(5) has not been in residential or court-ordered treatment for alcoholism, alcohol detoxification, or drug treatment within the 5 years immediately preceding the date of the license application;
...


So in your case, it's 5 years from your release date.

 

That's what I was afraid to hear.  I did take a plea deal though, with 2 years court supervision and the "treatment" (treatment was a waste of time because by the time I took the counseling, I had already stopped smoking), After I completed that, something was going to happen with my DUI but I can't remember what. Thought I waited enough time to apply.  I wonder if they'll hold it for a year or if I'll have to reapply?



#11 Craigcelia

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Posted 15 May 2019 - 06:42 PM

There are 2 conditions for which a 5-year time limit applies....(3) has not been convicted or found guilty in this State or in any other state of:...(B) 2 or more violations related to driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof, within the 5 years preceding the date of the license application;...(5) has not been in residential or court-ordered treatment for alcoholism, alcohol detoxification, or drug treatment within the 5 years immediately preceding the date of the license application;...So in your case, it's 5 years from your release date.

Yup, there it is!

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#12 Euler

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Posted 15 May 2019 - 06:44 PM

...
So in your case, it's 5 years from your release date.

That's what I was afraid to hear.  I did take a plea deal though, with 2 years court supervision and the "treatment" (treatment was a waste of time because by the time I took the counseling, I had already stopped smoking), After I completed that, something was going to happen with my DUI but I can't remember what. Thought I waited enough time to apply.  I wonder if they'll hold it for a year or if I'll have to reapply?


Court supervision, if you completed it successfully, results in the expungement of your DUI.

You'll have to reapply when the 5 years are up.
The welfare of the people in particular has always been the alibi of tyrants, and it provides the further advantage of giving the servants of tyranny a good conscience.

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#13 Xploit3d

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Posted 15 May 2019 - 06:45 PM

The only thing I can hope for at this point is that there is something with my plea deal.  When I got at hired where I work now, they never asked about my DUI, though I know they do, because they asked a couple of people I know about their DUI's during their interview.  I'll have to find my court papers.



#14 Xploit3d

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Posted 15 May 2019 - 06:46 PM

 

 

...
So in your case, it's 5 years from your release date.

That's what I was afraid to hear.  I did take a plea deal though, with 2 years court supervision and the "treatment" (treatment was a waste of time because by the time I took the counseling, I had already stopped smoking), After I completed that, something was going to happen with my DUI but I can't remember what. Thought I waited enough time to apply.  I wonder if they'll hold it for a year or if I'll have to reapply?

 


Court supervision, if you completed it successfully, results in the expungement of your DUI.

You'll have to reapply when the 5 years are up.

 

Will my class count? Or am I looking at re-taking that again too?  Yeah, that's what it was I think.  If it was an expungement though, the records are sealed from state and federal repositories.. how would they know about court ordered treatment?


Edited by Xploit3d, 15 May 2019 - 06:51 PM.


#15 Euler

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Posted 15 May 2019 - 06:54 PM

Court supervision, if you completed it successfully, results in the expungement of your DUI.

You'll have to reapply when the 5 years are up.

Will my class count? Or am I looking at re-taking that again too?  Yeah, that's what it was I think.


My understanding is that class certificates don't expire, but you can only use each one once. Since your application this time is going to get denied, the same certificate should be okay for your application next year.
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#16 Molly B.

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Posted 15 May 2019 - 07:45 PM

If you are denied, you would file an appeal and then ISP would approve your appeal at the end of the 5 year period. At least that is what they have been doing.
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#17 Xploit3d

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Posted 15 May 2019 - 07:53 PM

If you are denied, you would file an appeal and then ISP would approve your appeal at the end of the 5 year period. At least that is what they have been doing.

That sounds like the best case scenario for me.  At the very least, hopefully that is what happens.



#18 Xploit3d

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Posted 03 June 2019 - 06:55 AM

So, today is day 30. Is the only way they inform you of a denial through the mail? From what I've read on here, my "status" will remain "Under Review" until it's issued.

#19 Glock23

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Posted 03 June 2019 - 08:18 AM

So, today is day 30. Is the only way they inform you of a denial through the mail? From what I've read on here, my "status" will remain "Under Review" until it's issued.

No, if your application is "Denied," your online status will reflect that.
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#20 Xploit3d

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Posted 03 June 2019 - 03:08 PM

 

So, today is day 30. Is the only way they inform you of a denial through the mail? From what I've read on here, my "status" will remain "Under Review" until it's issued.

No, if your application is "Denied," your online status will reflect that.

 

So if tomorrow it still says under review, am I in the clear?  Or does it take a little bit?



#21 Bubbacs

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Posted 03 June 2019 - 04:29 PM

If today is only day 30, it may take longer to deny.
They have 30 to see if Law Enforcement has any objections.
Then they start their stuff.

Two schools of thought.....relax and see what happens
Or don't relax and get an ulcer

It has taken people who get approved sometimes 120 plus days
And I wouldn't be looking forward to being denied at 30 days, you might slide by, who knows!

#22 Xploit3d

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Posted 03 June 2019 - 08:54 PM

If today is only day 30, it may take longer to deny.
They have 30 to see if Law Enforcement has any objections.
Then they start their stuff.
Two schools of thought.....relax and see what happens
Or don't relax and get an ulcer
It has taken people who get approved sometimes 120 plus days
And I wouldn't be looking forward to being denied at 30 days, you might slide by, who knows!



I'm definitely relaxed. Just curious and can't stop thinking about it. I haven't had much contact with ISP. I'm ultimately hoping to slip between the cracks. If ISP is any thing like the rest of IL government, it could happen!

#23 InterestedBystander

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Posted 03 June 2019 - 09:26 PM

So, today is day 30. Is the only way they inform you of a denial through the mail? From what I've read on here, my "status" will remain "Under Review" until it's issued.

No, if your application is "Denied," your online status will reflect that.
So if tomorrow it still says under review, am I in the clear?  Or does it take a little bit?
LE has 30 days to object but per Molly B, in spite of the way it reads, they do the BG check first and if that passes, the 30 day LE object period kicks in.
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#24 Colt guy

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Posted 03 June 2019 - 09:42 PM

With the poop storm the ISP has been u der lately , I wouldnt cou t on falling thru any cracks.
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#25 RacerDave6

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Posted 04 June 2019 - 05:09 AM

So, today is day 30. Is the only way they inform you of a denial through the mail? From what I've read on here, my "status" will remain "Under Review" until it's issued.

No, if your application is "Denied," your online status will reflect that.
So if tomorrow it still says under review, am I in the clear?  Or does it take a little bit?
I've heard of people going under board review on day 90.
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#26 Mick G

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Posted 04 June 2019 - 05:27 AM

With the poop storm the ISP has been u der lately , I wouldnt cou t on falling thru any cracks.

 

They are understaffed and have been for awhile.

 

https://www.chicagot...0407-story.html

 

Moon also pointed to a number of legislative initiatives — such as inspecting growing facilities for the state’s medical marijuana program and administering licenses for concealed carry owners — that have placed additional burdens on the agency, asking it to “do more with less.”

 

There are about 1800 troopers for the entire state.



#27 Bubbacs

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Posted 04 June 2019 - 09:39 AM

With the poop storm the ISP has been u der lately , I wouldnt cou t on falling thru any cracks.


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#28 skinnyb82

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Posted 04 June 2019 - 02:30 PM

Court supervision, if you completed it successfully, results in the expungement of your DUI.You'll have to reapply when the 5 years are up.

DUI-supervision may not be expunged or sealed. Same with reckless-supervision plead down from DUI, some misdemeanor sex crimes that carry supervision, and...I don't remember what else. Absent a pardon, it's on his sheet forever.

The supervision "it's dismissed/expunged" is a joke. He's still been convicted of DUI and any LEO who runs his DL will see it. Since it's "sealed" (not really), it gets a little dicier but people who think it's clean after 5 years, nope. IIRC they actually extended the lookback period from 15 years to life. If he gets another DUI 5 years from when he got his first, it'll be his second. I dug through all of this crap when trying to find out if I could wipe my DUI-supervision from 2003.

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Edited by skinnyb82, 04 June 2019 - 02:34 PM.

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