TASC Probation and your Criminal Record

TASC Probation is a type of probation that is specifically tailored to people with an addiction to drugs or alcohol who have been charged with or convicted of a crime. One of the purposes of TASC Probation is to treat the addiction which may have led the person to commit a criminal offense in the first place.  While TASC Probation may be a suitable sentence for some people, not everyone qualifies for TASC Probation. Some of the disqualifications include:

  1. Persons charged or convicted of a crime of violence
  2. Persons charged with certain narcotic offenses that are non-probationable or persons who have been previously convicted of a non-probationable felony
  3. Persons with two or more convictions for crimes of violence in their background
  4. Persons charged with a felony case in addition to the case in which the person seeks TASC Probation
  5. Persons on parole or probation where the parole or probation authority does not consent to TASC treatment
  6. Persons who have been admitted to TASC probation on any two prior occasions within a consecutive two year period
  7. Persons convicted of residential burglary who have  a record of one or more felony convictions
  8. Persons charged with DUI
  9. Persons charged with reckless homicide in which the cause of death involves a DUI (See 20 ILCS 301/40-5)

In some circumstances, defendants who successfully complete TASC Probation may be eligible to have their case dismissed upon the successful termination of their probation. Per 20 ILCS 301/40-10,

Upon successful fulfillment of the terms and conditions of probation the court shall discharge the person from probation. If the person has not previously been convicted of any felony offense and has not previously been granted a vacation of judgment under this Section, upon motion, the court shall vacate the judgment of conviction and dismiss the criminal proceedings against him unless, having considered the nature and circumstances of the offense and the history, character and condition of the individual, the court finds that the motion should not be granted. Unless good cause is shown, such motion to vacate must be filed at any time from the date of the entry of the judgment to a date that is not more than 60 days after the discharge of the probation.

A case that has been dismissed by the State’s Attorney’s Office may be expunged from your criminal record.

If you or someone you know is charged with a felony offense and has a drug or alcohol addiction it is important to hire experienced attorneys who can get you the help you need.  Contact Gruszeczki & Smith Law at 312-253-7343 for a free consultation today.

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