If you have been charged with a crime and you suffer from alcoholism or other drug addiction, you could be eligible for probation through TASC (20 ILCS 301/40-5), which stands for Treatment Alternatives for Safe Communities. Unlike “traditional” probation, successful completion of a TASC probation term can provide you with the opportunity to avoid a criminal conviction and expunge parts of your criminal record later.
Expungement can remove arrests, supervisions, and qualifying probations from your criminal records long as you have never been convicted of a crime. After expungement, your criminal record will be available only by court order and will no longer appear on background checks. However, the Department of Corrections and other law enforcement agencies will retain access to your expunged record for certain offenses requiring a 5 year waiting period.
As a result, eligibility for and successful completion of TASC probation can give you the chance to start over with a clean slate, without a criminal record holding you back.
Are There Limits On Eligibility For TASC?
TASC eligibility is not automatic for all individuals who have been charged with a crime; and also suffer from alcoholism or other drug addiction. You could be found ineligible for TASC probation if your circumstances are described below:
- Your alleged crime is a violent crime, defined as murder, voluntary manslaughter, criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, armed robbery, robbery, arson, kidnapping, aggravated battery, aggravated arson, or any other felony which involves the use or threat of physical force or violence against another;
- Your alleged crime is a crime that violates sections of the Controlled Substances Act, the Cannabis Control Act, or the Meth Control and Community Protection Act;
- Your alleged crime is Driving Under the Influence (DUI) or a similar condition of a local law;
- Your alleged crime is reckless homicide or reckless homicide of an unborn child, and the cause of death involves DUI of alcohol, drugs, or a combination thereof;
- You have a record of 2 or more convictions of a violent crime;
- You have another pending felony;
- You are already on probation or parole, and the appropriate parole or probation authority does not consent;
- You were voluntarily admitted to a treatment program on 2 prior occasions within a consecutive 2 year period; or
- You have been convicted of residential burglary and have 1 or more felony convictions listed on your criminal record.
How Can John Paul Ivec, Attorney At Law, P.C. Help You?
Failure to complete probation as ordered can result in a petition to revoke probation; and you could be resentenced to anything you could have initially received for your original offense or receive jail time. Probation requirements can be confusing and you may be unclear about what is expected of you. John Paul Ivec, a former prosecutor, is well-equipped to clear up any misunderstandings you may have that could place you at risk for a parole violation.
If you need help understanding the terms of your probation; or if you’ve been charged with a probation violation and need help protecting your rights at a parole violation hearing- Call 815.439.9909 or email us for a free confidential case evaluation.