Robert J Callahan | Chicago, IL Criminal Defense Lawyer | Attorney
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  • THERE HAS NEVER BEEN A BETTER TIME TO APPLY FOR SEALING AND EXPUNGEMENT YOUR CRIMINAL RECORD IN ILLINOIS
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Recent Criminal Case Victories

Robert J. Callahan

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Call (312) 322-9000 and Start Fighting for Your Rights.

Click on the criminal defense case victory links below to learn how we won each case.

Recently Won Cases

(Actual Dates and Cases)

February 2023

Class X Predatory Sexual Assault of a Child – CASE DISMISSED Solicitation of Unlawful Business – CASE DISMISSED

January 2023

Class 4 Felony Possession of a Controlled Substance – CASE DISMISSED Battery – CASE DISMISSED Unlawful use of a Weapon in an airport – CASE DISMISSED

December 2022

Battery – CASE DISMISSED

November 2022

Unlawful use of a Weapon in an airport – CASE DISMISSED Reckless Conduct – CASE DISMISSED Possession of Ammunition – CASE DISMISSED

September 2022

Unlawful Use of a Weapon – CASE DISMISSED Trespass – CASE DISMISSED

August 2022:

Class 3 Felony Retail Theft Charges – CASE DISMISSED

June 2022:

Theft and Possession of Bank Identification Card – Class A Misdemeanor – CASE DISMISSED Criminal Damage to Property –

Class A Misdemeanor – CASE DISMISSED
Class 4 Felony Unlawful Use of Weapon – NOT GUILTY
Class 1 Felony Possession of an Controlled Substance – CASE DISMISSED
Domestic Battery – CASE DISMISSED Theft and Possession of Bank Identification Card – Class A Misdemeanor – CASE DISMISSED

May 2022

First Degree Murder – CASE DISMISSED Class 4 Felony Aggravated Unlawful Use of a Weapon – CASE DISMISSED

Assault – CASE DISMISSED
Aggravated Unlawful Use of Weapon by a Felon – CASE DISMISSED
Violation of Concealed Carry Permit – CASE DISMISSED
First Degree Murder – REDUCED TO ARMED ROBBERY

April 2022

Class 4 Felony Criminal Damage to Property – REDUCED TO A MISDEMEANOR

Unlawful Use of Weapon – CASE DISMISSED

March 2022

Aggravated Assault – CASE DISMISSED

February 2022

Class 4 Felony Unlawful Use of Weapon – REDUCED TO A MISDEMEANOR

Domestic Battery – CASE DISMISSED
Class 3 Felony Theft – NOT GUILTY

JANUARY 2022

DUI- Class A Misdemeanor – Dismissed

Unlawful Use of a Weapon – Class A Misdemeanor – Dismissed

DECEMBER 2021

Domestic Battery – Class A Misdemeanor – Dismissed

NOVEMBER 2021

Battery- Bodily Harm – Class A Misdemeanor- Dismissed

OCTOBER 2021

Violation of Order of Protection – Class A Misdemeanor- Bench Trial- Not Guilty

Unlawful Use of a Weapon – Class A Misdemeanor- Dismissed

SEPTEMBER 2021

Domestic Battery-Bodily Harm- Class A Misdemeanor – Bench Trial- Not Guilty

Possession of Controlled Substance- Class 4 Felony – Dismissed
Aggravated Unlawful Use of a Weapon – Class 4 Felony – Dismissed

AUGUST 2021

Manufacturing and Delivery of 900+ grams of Methamphetamine, Cocaine and Heroin – CASE DISMISSED

Unlawful Use of a Weapon – Class A Misdemeanor – CASE DISMISSED
Aggravated Unlawful Use of a Weapon – Class 4 Felony – Entered into Veteran’s Treatment Court

JULY 2021

Disorderly Conduct – Class A Misdemeanor – CASE DISMISSED

Leaving the Scene of an Accident – Class A Misdemeanor – CASE DISMISSED

JUNE 2021:

Theft and Possession of Bank Identification Card – Class A Misdemeanor – CASE DISMISSED

Retail Theft- Class A Misdemeanor – CASE DISMISSED Possession of Cannabis in a Motor Vehicle – Ordinance Violation – CASE DISMISSED
Criminal Damage to Property – Class A Misdemeanor – CASE DISMISSED

MAY 2021:

Domestic Violence Order of Protection – CASE DISMISSED

Unlawful Use of a Weapon – Class A Misdemeanor – CASE DISMISSED

APRIL 2021:

Aggravated Unlawful Use of a Weapon – Class 4 Felony – REDUCED TO CLASS A MISDEMEANOR WITH SUPERVISION

Theft – Class 4 Felony – CASE DISMISSED
Theft By Deception – Class 3 Felony – CASE DISMISSED
Identity Theft – Class 3 Felony – CASE DISMISSED
Domestic Battery – Bodily Harm – Class A misdemeanor – CASE DISMISSED

MARCH 2021:

Unlawful Use of a Weapon – Class A Misdemeanor – CASE DISMISSED

Aggravated Unlawful Use of a Weapon – Class 4 Felony – CASE DISMISSED

FEBRUARY 2021:

Aggravated Unlawful Use of a Weapon – Class 4 Felony – CASE DISMISSED

November 2020

Possession of a Controlled Substance – Class 4 Felony – CASE DISMISSED

October 2020

Leaving the Scene – Class A Felony – CASE DISMISSED

No Stalking Petition – VACATED
Aggravated UUW – Class 4 Felony – FINDING NO PROBABLE CAUSE
Aggravated UUW – Class 4 Felony – CASE DISMISSED

September 2020

Disorderly Conduct – CASE DISMISSED

August 2020

Aggravated UUW – Class 4 – FINDING NO PROBABLE CAUSE

JULY 2020

MB and son JB – Murder Charges ruled self defense after hearing – CASE DISMISSED

Applied for Clemency on Cannabis charges – CLEMENCY GRANTED
Three (3) separate cases of manufacturing/delivery of cocaine – Class 1 felonies – CASE DISMISSED

MARCH to JUNE COURTS CLOSED DUE TO COVID-19

APRIL 2020

Violation of Order of Protection- Class A misdemeanor – CASE DISMISSED

Leaving the Scene of Accident- Class A misdemeanor – CASE DISMISSED

Felony Sealing – GRANTED

Felony Gun Case Sealing – GRANTED

Battery- class A misdemeanor – CASE DISMISSED

Aggravated Sexual Abuse Investigation – NOT CHARGED

March 2020

JB – Class X- MDMA/Ecstasy Possession with Intent to Deliver – looking at 6-30 years IDOC – CASE DISMISSED

Disorderly Conduct – CASE DISMISSED

Misdemeanor – CASE DISMISSED

February 2020

MF -1st Degree Murder – ACQUITTED

Battery to a child – CASE DISMISSED

Order of Protection – CASE DISMISSED

Possession of Cannabis – Class 4 Felony; Unlawful Possession of Weapon – CASE DISMISSED

Deceptive Practices – Class 4 felony – CASE DISMISSED

DUI – REDUCED TO RECKLESS DRIVING

January 2020

AW – Aggravated Arson-class X – Dismissed

Criminal Trespass to Land – Class A Misdemeanor – CASE DISMISSED

December 2018

Possession of Controlled Substance- Class 4 Felony – CASE DISMISSED

Possession of Cannabis – Class 4 Felony & Unlawful Use of a Weapon – Class A Misdemeanor – DISMISSED

November 2018

Battery – Misdemeanor – BENCH TRIAL- NOT GUILTY

Battery – Misdemeanor – CASE DISMISSED

Battery and Obstruction of Justice – CASE DISMISSED

People v. GK, Agg Speeding – Misdemeanor – REDUCED TO PETTY OFFENSE

DUI – REDUCED TO RECKLESS DRIVING

People v. AN, DUI – REDUCED TO RECKLESS DRIVING

October 2018

Battery – CASE DISMISSED

Assault – CASE DISMISSED

Felony Class 4 possession of a controlled substance – CASE DISMISSED

Disorderly conduct – CASE DISMISSED

Felony aggravated DUI – NOT GUILTY

September 2018

Felony Class 3 criminal fortification of a residence or building – FINDING OF NO PROBABLE CAUSE AT A PRELIMINARY HEARING – CASE DISMISSED

Battery – CASE DISMISSED

Class 4 felony possession of heroin – CASE DISMISSED

Domestic battery – CASE DISMISSED

Violation of an Order of Protection – DISMISSED

Battery – CASE DISMISSED

Unlawful use of a weapon – CASE DISMISSED

Class 4 felony possession of cocaine – CASE DISMISSED

August 2018

Battery – CASE DISMISSED

Class 4 felony possession of a controlled substance – CASE DISMISSED

July 2018

Battery – CASE DISMISSED

Class 4 felony possession of a controlled substance – CASE DISMISSED

Driving on a suspended license – CASE DISMISSED

Possession of marijuana – CASE DISMISSED

Class 4 felony possession of a controlled substance – CASE DISMISSED

June 2018

DUI – Misdemeanor – DISMISSED ON MOTION TO DISMISS 06/2018

Battery Misdemeanor – DISMISSED

Civil Forfeiture – HEARING WON – CAR RETURNED

May 2018

Pardon – GRANTED W/ LEAVE TO EXPUNGE

Battery Misdemeanor – DISMISSED – CONVINCED STATE IT WAS SELF DEFENSE

Expungement – EXPUNGEMENT GRANTED

April 2018

Executive Clemency Petition (AKA Governor’s Pardon) for Class 2 felony burglary – GRANTED

Battery – CASE DISMISSED

March 2018

Class 2 unlawful use of a weapon by a felon – NOT GUILTY

February 2018

Domestic battery – CASE DISMISSED

January 2018

Domestic battery – CASE DISMISSED

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THERE HAS NEVER BEEN A BETTER TIME TO APPLY FOR SEALING AND EXPUNGEMENT YOUR CRIMINAL RECORD IN ILLINOIS

November 15, 2017 / Robert J Callahan / Blog
0
law-firm-chicago-illinois

A NEW FRONTIER IN ILLINOIS SEALING AND EXPUNGEMENT LAW

Almost half of all adults in Illinois have some sort of criminal record.[i] If you’re reading this blog, you’re already curious about the negative impact a criminal record can have on an individual’s lifetime potential. Historically, expungement and sealing of a criminal record in Illinois was extremely limited. Only nine felony offenses were eligible for sealing. Additionally, if you had even one conviction on your record, you could not receive an expungement. Governor Rauner flipped the script over the last two years with two new amendments (HB 2373 & HB 6328) to the Criminal Identification Act, 20 ILCS 2630. House Bill 2373 makes almost all felonies eligible for sealing, with the exception of a handful of criminal offenses. House Bill 6328 allows people with a prior conviction to petition for expungement. Robert J Callahan is a top Chicago criminal attorney.

 As of August 24, 2017, you may petition for the sealing all convictions except for the following:

  • Domestic battery
  • Battery or aggravated battery on unborn children
  • Violations of orders of protection
  • DUI
  • Reckless and aggravated reckless driving
  • Sex crimes
  • Violating/attempting to violate the sex offender registry
  • Crimes against animals under the Humane Care for Animals Act
Notice, this amendment theoretically allows for the sealing of even violent offenses, not to mention high-level drug and theft offenses. People with eligible cl. X, cl. 1, or cl. 2 felony convictions can now potentially get their convictions sealed. Never has Illinois law for sealing criminal records been so liberal and permissive. With HB 2373, thousands of previously ineligible people can now apply for sealing! But what exactly is sealing? What’s the difference between sealing and expungement? What about clemency?  Are there other options? Read below for a short explanation of these terms according to Illinois law.

Sealing:

  • When records are sealed, the petitioner’s name is removed from any official index or public record on the case. The records are physically and electronically preserved but are unavailable to the public without a court order. Law enforcement and the court system will still have access to the records.
  • Applicants must wait at least 3 years after completing their sentence before applying for sealing.
  • Most importantly, upon sealing, you no longer have to disclose this conviction to employers. In fact, it is against the law for employers or potential employers to ask whether or not you’ve had any records expunged or sealed.[ii] Only employers required by state and federal regulations to conduct criminal background checks can require disclosure, such as a hospital, school, childcare, or government entity. For this reason, it is important to hire a qualified attorney to guide you through the sealing process.

Expungement:

The major difference between expungement and sealing is the destruction or obliteration of the actual records.
  • When a petition to expunge is granted the petitioner’s name is removed from any official index of public record and the records are actually destroyed. Prior to the enactment of House Bill 6328 in August of 2016, if you had any conviction on your record, you were disqualified from expungement.[iii] Thousands of people who were previously ineligible can now petition for expungement.
  • Like sealing, you do not have to disclose an expunged offense to an employer. There is no waiting period for arrests that didn’t result in a conviction.
  • Most misdemeanor offenses resulting in a sentence of supervision require a 2-year waiting period. Felony offenses eligible for expungement have a 5-year waiting period.
 

Clemency:

Clemency, also known as a pardon, is the official forgiveness for the commission of a crime. In addition to pardons, clemency can also be a commutation, or a reduction, of a current prison sentence. Unlike expungement and sealing, there is no waiting period to file a petition for clemency. In reality, the more time that has passed since the offense, the greater the chance of obtaining a clemency. It is important to note that a pardon is not a declaration of innocence. However, once an individual obtains a pardon, they can apply for expungement after 5 years.

Certificate of Rehabilitation:

Certificates of rehabilitation can be issued regardless of whether or not you qualify for expungement or sealing. A certificate of rehabilitation will not remove the criminal conviction from your record. It can be included with a job application to explain your prior criminal history and current rehabilitation as a productive member of society. These types of certificates are issued by the Circuit Court and come in two forms.  The first is a certificate of good conduct. A certificate of good conduct removes any civil and criminal liability from your employer if they choose to hire you.  The second is a certificate of relief from disability. A certificate of relief from disability allows you to obtain a professional license despite your criminal history. Act Now and Find Out If You Qualify: While House Bill 2373 drastically expands an individual’s ability to seal their criminal record in Illinois, it is by no means a free-for-all. Just as before, judges have the discretion to grant or deny petitions for sealing or expungement. For this reason, it is crucial that anyone considering sealing, expungement, or applying for clemency hire an experienced, knowledgeable, and dedicated law firm. At Robert Callahan & Associates, we stay ahead of the law so our clients can stay in front of their rights. We believe in second chances. Let us get you yours. [i] https://www.heartlandalliance.org/policy-and-advocacy/wp-content/uploads/sites/8/2016/02/Aug26-SB42-press-release.pdf [ii] 775 ILCS 5/12-103(A) [iii] Exception: Honorably Discharged Veterans convicted of certain cl. 3 & 4 felonies
clemency, Expungement, Sealing records in Illinois

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Robert J Callahan | Chicago Defense Lawyer
53 W JACKSON BLVD # 1615
CHICAGO IL 60604-3536

Phone: (312) 322-9000
Fax: (312) 427-1289



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Robert J. Callahan

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