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07/10/89 the People of the State of v. Dwight Hansen

July 10, 1989

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE

v.

DWIGHT HANSEN, DEFENDANT-APPELLANT

SECTION 5 OF "AN ACT IN RELATION TO CRIMINAL IDENTIFICATION AND INVESTIGATION" (ILL. RE

v.

STAT. 1987, CH. 38, PAR. 206-5) STATES, IN RELEVANT PART:



APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT

541 N.E.2d 816, 185 Ill. App. 3d 560, 133 Ill. Dec. 605 1989.IL.1084

Appeal from the Circuit Court of McLean County; the Hon. William T. Caisley, Judge, presiding.

APPELLATE Judges:

JUSTICE SPITZ delivered the opinion of the court. McCULLOUGH, P.J., and GREEN, J., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE SPITZ

This is an appeal by defendant Dwight Hansen from an order of the circuit court of McLean County denying defendant's petition for expungement of defendant's arrest records. After being indicted for the delivery of a controlled substance occurring on or about September 26, 1983 (Ill. Rev. Stat. 1981, ch. 56 1/2, par. 1401(b)(1)), defendant was arrested by a deputy of the McLean County sheriff's department on October 19, 1983.

Subsequently, defendant pleaded guilty to a lesser, included offense of possession of a controlled substance (Ill. Rev. Stat. 1981, ch. 56 1/2, par. 1402) and was sentenced to a 24-month term of probation. The term of probation was imposed pursuant to section 410 of the Illinois Controlled Substances Act (Ill. Rev. Stat. 1981, ch. 56 1/2, par. 1410).

On July 31, 1986, defendant was discharged from probation after successfully completing his probationary period. On August 19, 1988, defendant filed a petition for expungement of his arrest records. After a hearing, the petition for expungement was denied. The trial court found that defendant's arrest records may not be expunged because of subsection (5) of section 55a of the Civil Administrative Code of Illinois (Ill. Rev. Stat. 1987, ch. 127, par. 55a(5)), dealing with the powers and duties of the Illinois Department of State Police.

Defendant was given leave to file a motion for reconsideration, which he did. The trial court denied defendant's motion for reconsideration, and defendant appealed.

Section 410 of the Illinois Controlled Substances Act states in relevant part:

"(a) Whenever any person who has not previously been convicted of, or placed on probation or court supervision for any offense under this Act or any law of the United States or of any State relating to cannabis or controlled substances, pleads guilty to or is found guilty of possession of a controlled or counterfeit substance under Section 402(b), the court, without entering a judgment and with the consent of such person, may sentence him to probation.

(e) Upon fulfillment of the terms and conditions of probation, the court shall discharge the person and dismiss the proceedings against him.

(f) A Disposition of probation is considered to be a conviction for the purposes of imposing the conditions of probation and for appeal, however, discharge and dismissal under this Section is not a conviction for purposes of this Act or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime." (Ill. Rev. Stat. 1987, ch. 56 1/2, pars. 1410(a), (e), (f).)

"All policing bodies of this State shall furnish to the Department [of State Police], daily, in the form and detail the Department requires, copies of fingerprints and descriptions, of all persons who are arrested on charges of violating any penal statute of this State . . .. Whenever a person, not having previously been convicted of any criminal offense or municipal ordinance violation, charged with a violation of a municipal ordinance or a felony or misdemeanor, is acquitted or released without being convicted, the Chief Judge of the circuit wherein the charge was brought, or any Judge of that circuit designated by the Chief Judge, may upon verified petition of the defendant order the record of ...


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