Class 4 felony

Overview: Expunging Your Criminal Record in Illinois

February 27, 2016
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NOTE: This article was refreshed to account for Public Act 102-933, which became part of Illinois law on January 1, 2023. Since that date, Illinois modified the Criminal Identification Act to enable a person to request expungement, even after testing positive for cannabis. Expungement is the process where a criminal court disposition is removed from […]

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Understanding the Risks of Retail Theft in Illinois

February 23, 2016
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NOTE: The information below includes updated content to explain how Public Act 101-394 adjusted Illinois law on January 1, 2020. After that point, Illinois changed certain aspects of theft crimes committed against elderly or disabled victims, effectively removing the ability to seal such criminal records.  “It was only a shirt.” “No one was looking.” “I […]

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Felons not required to disclose criminal convictions on Illinois government job applications

October 13, 2013
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In an unprecedented move, Illinois Governor Pat Quinn has issued an order that allows applicants for state government jobs to apply without having to disclose felony convictions. Governor Quinn calls it an order to ‘Ban the Box,’ referring to the box job applicants have to check to disclose convictions. The administrative order, issued October 3, […]

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New Illinois law criminalizes possession of bath salts, K2 and Spice

July 22, 2011
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Illinois governor Pat Quinn signed a law on July 22, 2011 that makes it a criminal offense to possess bath salts. Bath salts are also known as MDPV, and cause a hallucinogenic experience with the user. A woman in downstate Illinois died from an overdose of bath salts within the last year. Illinois is now […]

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New interview on eavesdropping law

May 6, 2011
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I was recently interviewed for a story by the Illinois Statehouse News. The reporter was doing a story about eavesdropping. Illinois law prohibits any person from recording a conversation with another without the other’s consent. See 720 ILCS 5/14-2. It is not a defense that the conversation occurred in a public place. The other person’s […]

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Newly proposed law in Illinois allows for medical marijuana

April 28, 2011
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Illinois lawmakers find themselves at the front of the legalization of marijuana movement this year because newly proposed legislation would allow use of medicinal marijuana. Currently, Illinois House of Representatives is considering a bill sponsored by Democrat Lou Lang from Skokie, HB 30. If passed, the new law would be called the Compassionate Use of […]

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Penalties for possession of drug paraphernalia under Illinois law

November 19, 2010
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Illinois law makes it a criminal offense to knowingly possess drug paraphernalia. The law does not distinguish between the type of drug the paraphernalia is used for. The penalties for possessing a pipe to smoke marijuana are the same as a needle to shoot heroin, even though heroin is regarded as a more dangerous drug. […]

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What are the penalties in Illinois for being charged with possession of cannabis with intent to deliver?

March 5, 2010
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The law that makes it a criminal offense in the state of Illinois to possess cannabis (e.g., marijuana) with intent to deliver is the Illinois Cannabis Control Act, found at 720 ILCS 550/1 et seq. Section 550/5 provides that it is illegal to manufacture, deliver, or possess with intent to deliver cannabis. To manufacture is […]

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What is the law in Illinois on possession of cannabis?

March 3, 2010
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Possession of cannabis, generally referred to a marijuana, is a criminal offense in Illinois. The criminal charge of possession of cannabis is set forth in 720 ILCS 550/1 et seq, the Illinois Cannabis Control Act. While other states have decriminalized cannabis, Illinois has not. To decriminalize possession of cannabis is to say that it is […]

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What is the definition of reckless driving in Illinois?

February 20, 2010
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The Illinois statute that defines reckless driving is 625 ILCS 5/11-503. It provides that reckless driving is driving any vehicle with a willful and wanton disregard for the safety of persons or property. Reckless driving is a Class A misdemeanor offense. The penalty can be up to one year in jail and a fine of […]

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