Interviewer: Is there any levy or any sort of diversion programs that are available for the first time offenders?
Fred Dry: Some of these offenses allow probation but not all. Many of them permit probation but it depends upon the specific facts of each one. As in any criminal case situation, if you have a first offender charged with a very serious crime, if there was some criminal behavior, often times on a plea bargain, you’re able to get the seriousness of the accusation reduced and thereby the potential sentencing range changes, improves for the defendant.
An Arrest is Automatically Expunged If the Defendant is Not Convicted in Illinois
Interviewer: If the case was dismissed that’s still going to show in someone’s record, is that correct, that the person was arrested?
Fred Dry: Any arrest – every arrest will show, unless expunged. However, at least in Illinois, every arrest will appear unless expunged. If you’ve not been convicted of any offense, you can get an expungement. So, if you’re found not guilty, you can get an expungement assuming you have no convictions in your record.
The Waiting Period to Get an Expungement For Sex Offenders In the State of Illinois
Interviewer: How long would someone have to wait before they can get something expunged like that?
Fred Dry: Well, if you’re found not guilty, right away. If the case is dropped, you’ll have to wait until they can longer prosecute the case. Sometimes, just a few months.
The Freedom to Travel is Restricted for People Arrested for Sex Crimes or Registered Sex Offenders
Interviewer: If someone is under investigation for a sex crime, could they move to another state or could they at least travel to another state during investigation?
Fred Dry: Your freedom to travel is only restricted if you’ve been arrested and you’re on bail, so long as you have not previously become a registered sex offender.
Interviewer: If someone’s a registered sex offender, could they leave the country, if they like to?
Fred Dry: Your ability to travel is restricted.
Common Mistakes Committed By Registered Sex Offenders in Illinois
Interviewer: What are some common ways where sex offenders may make some mistakes in violating the conditions? Is it sometimes where they may miss the deadline or forget to report or something like that?
Fred Dry: Yes. You’re supposed to renew your registration on a regular basis. When you travel, you must give notice.