{ February 18th, 2011 }
Recent study shows many people in Cook County may be eligible for expungement

By: Kelly Cass

A recent study by the Disproportionate Justice Impact Study Commission shows that in 2005 — the most recent year for which comprehensive information is available – the majority of all arrests in Cook County (where Chicago is located) was for Felony Class 4 Possession of a Controlled Substance (“PCS”).

A Class 4 Felony is the least severe of all felony charges in Illinois. A person charged with Class 4 PCS is accused of being in possession of a “personal use amount” of an illegal drug, usually heroin, cocaine, or crack.

Class 4 PCS provides for a special type of sentence not available to other felony crimes: first-time offenders can get a special type of probation that allows them to expunge or seal the conviction at a later date. (Class 4 Prostitution also offers this sentence but again, no other felony crime.)

The study also shows that few of those charged with Class 4 Possession were sentenced to jail terms; however, the overwhelming majority of those sentenced to jail, by and eight-to-one ratio, were black.

In this study, it shows that out of all young men arrested for Class 4 Felony Possession of a Controlled Substance, 45% of cases against non-whites and 40% of those against whites were dismissed.

Aside from the disproportionate sentencing statistics, the study overlooked an important issue: all of the people with Class 4 PCS dismissed cases in Cook County now have a criminal record that shows the person was arrested for a felony.

Dismissed records are still accessible to the public, and more importantly, potential future employers. If a company runs a background check on you and you have dismissed cases, they will still show up!

If these individuals have NO other convictions on their record, they can expunge a dismissed arrest. Dismissed cases are still on your criminal record, unless you go through an expungement or sealing process.

Clearly, there are disparities within our legal system that must be resolved. But while the public policy fight goes on, people who might have cases that are eligible for expungement must proactively go through a process to clear their record.

If you have a dismissed case (or any case, for that matter), contact us at 312-981-1414 and we’ll help you determine if you can clear your record.

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