{ March 7th, 2011 }
Doctor with Misdemeanor Battery Conviction Attempts to Seal in DuPage County

By: Kelly Cass

An Illinois physician, Dr. Angelo Consiglio, is currently attempting to seal his 2005 misdemeanor conviction for battery so that he can practice medicine “without restriction” in the Florida Keys.

The doctor was sentenced to 1-year of probation after he pleaded guilty to battery for groping his female patient during a sinus procedure in 2004.

As of now, the decision to seal his record is on hold until April 1 because DuPage County Judge Cary Pierce recused himself.

We receive many inquiries from people who want to expunge or seal a single misdemeanor conviction for battery and our answer is always the same: you are ineligible to expunge or seal a battery conviction.

The Illinois Criminal Identification Act defines eligibility for expungement or sealing of criminal records. If the law allows for the expungement or sealing, then the judge can choose whether or not he’s going to grant it. Put another way, even if a person is eligible to expunge or seal, the judge can still deny the remedy. Judges are given broad “discretion” on whether to allow the record to be expunged or sealed from public record.

The judge’s recusal seems irrelevant because probation for misdemeanor battery is NOT eligible to be sealed. No judge can override the law.

Interestingly, Dr. Consiglio’s attorney has argued that when the doctor took the plea, in 2005, the law provided for sealing of a battery conviction. DuPage Assistant State’s Attorney Jennifer Lindt says the eligibility is at the time of filing, not at the time of sentencing.

We agree with Assistant State’s Attorney Lindt and expect the new judge to side with her as well.

If the judge denies the petition to seal, Dr. Consiglio will need to seek a Governor’s Pardon to clear the battery conviction from his criminal record.

We prepare numerous petitions for a Governor’s Pardon for clients with a range of convictions. In determining one’s chances of success, we look at the person’s life history and proof of rehabilitation.

In Dr. Consiglio’s case, he has other alleged cases of unprofessional behavior against him (even though they did not result in arrests, just complaints with the Illinois Department of Financial and Professional Regulation) and it is questionable as to whether the Illinois Prisoner Review Board would view a petition from him favorably.

However, your chances of receiving a Governor’s Pardon are only as strong as the case that you make for yourself. The doctor has proof of rehabilitation since 2006, when his probation ended.

The next filing deadline for a pardon in Illinois is in April. Pardon hearings occur 4 times a year. If you think a pardon is your only option at clearing your criminal record please contact us for assistance.

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