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CCL Eligibility after court supervision


reisen
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I had a FOID Card up until 2016

 

In 2017, I plead guilty to misdemeanor battery (not domestic, no weapon involved, not with someone I knew or lived with).

 

I received Court supervision and my FOID card was revoked. I was also ordered to get a drug and alcohol evaluation and treatment recommendation. The counselor ended up giving me 12 hours of drug and alcohol counseling.

 

I successfully completed my supervision in 2019 and reapplied for my FOID which was reissued in 2020. I am still a current valid FOID holder.

 

My question is when applying for the CCL do the following 2 requirements apply to me?:

 

  • I have not been convicted or found guilty of a misdemeanor involving the threat of physical force or violence to any person within the past 5 years.
  • I have not been in a residential or court-ordered treatment for alcoholism, alcohol detoxification, or drug treatment within the past 5 years.

 

The reason I am asking is because court supervision is technically not a conviction, and I am unsure if the question is asking about a misdemeanor involving the the threat of physical force OR violence, or if its asking about a misdemeanor involving the THREAT of physical force or violence. Basically asking if the "or" is inclusive or exclusive.

 

I am also confused about the second one because I received 12 hours of counseling but I literally just sat in a room for 2 hours a week for 6 weeks and a counselor just played Dr. Phil video's about people addicted to drugs. I was not admitted to a facility, does still count as a court ordered treatment?

 

Finally, I am eligible to have this expunged this year. When I get it expunged, do the previous 2 requirements become moot due to my records being destroyed, or is the 5 year clock still ticking whether or not I get an expungement?

 

Sorry for the very long question I hope it was easy to understand

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  • I have not been in a residential or court-ordered treatment for alcoholism, alcohol detoxification, or drug treatment within the past 5 years.

Sounds like part of your court supervision was the drug and alcohol evaluation which resulted in treatment. Unless someone can say differently, you will likely have to wait 5 years from your competed treatment. I am speaking from experience on this one as I was actually denied a CCL and had to file an appeal with completion dates.

 

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Court supervision is a possible sentence served when a defendant pleads guilty to a misdemeanor. Considering supervision requires a guilty plea, supervision is absolutely a conviction, but if the convict completes supervision successfully (doesn't re-offend and meets whatever other conditions apply), the conviction is automatically expunged. I'm not sure what you're getting expunged later this year. Did you not complete supervision successfully? Is there some other conviction you didn't mention?

 

You only say the judge ordered an examination, which wouldn't count. If the judge ordered counseling, it would count. If you voluntarily did counseling because a counselor said you should, it wouldn't count. Your description is fuzzy.

 

If someone charged you money to watch Dr. Phil videos, that's a scam. I'm serious.

 

IANAL

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Court supervision is a possible sentence served when a defendant pleads guilty to a misdemeanor. Considering supervision requires a guilty plea, supervision is absolutely a conviction, but if the convict completes supervision successfully (doesn't re-offend and meets whatever other conditions apply), the conviction is automatically expunged. I'm not sure what you're getting expunged later this year. Did you not complete supervision successfully? Is there some other conviction you didn't mention?

from the extensive research I've done over the past 3 years, from what I know court supervision is actually not a conviction it's considered a deferred adjudication. It is not considered a conviction because It is never reported to the Secretary of State. I have gotten many background checks done by private employers and they virtually always come back 100% clean because employers only check for convictions reported to a state. It has however, only once come up on a background check because this particular company also looked at county records as well. I have been told by a lawyer that there was a recent rule change where court supervision is not automatically expunged 2 years after a successful completion and now a petition needs to be made in the county court to have it expunged. I have never been arrested in my life other than this one time so this is the only legal matter I have and I am referring to.

You only say the judge ordered an examination, which wouldn't count. If the judge ordered counseling, it would count. If you voluntarily did counseling because a counselor said you should, it wouldn't count. Your description is fuzzy.If someone charged you money to watch Dr. Phil videos, that's a scam. I'm serious.IANAL

The judge only order for me to get an evaluation and then follow any recommendations made after the evaluation. The court gave me a list of approved counselors in my area and I just went to the closest one and after talking to the counselor and getting my evaluation that's the treatment plan they recommended to me. I just watched the videos and then completed some paper forms with my reactions to them and what I learned. I thought it was ridiculous too but if I didn't go through it I would not get a completion letter from the clinic and I would then be in violation of my supervision for not completing a recommended program so I kind of had to do it.

 

Edit: From what im seeing, super vision is also not automatically expunged after a successful completion. I know this because it's been over a year now since I've completed it and it still is very much on my record. a person who ever can be eligible to petition in court to have it expunged after two years.

Edited by reisen
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Court supervision is a deferred adjudication to avoid conviction, in cases where the judge believes that the crime was just an isolated incident in your life and doesn't see the need to hand down a conviction that may come back to haunt you later.

 

If it were me, I would go ahead and check NO to both questions, given the understanding that you were never "convicted' of the midsomer, nor ordered to into any kind of treatment program (only an evaluation)....

 

Sent from my SM-N950U using Tapatalk

 

 

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