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  #1  
Old 02-11-2013, 08:05 PM
PrintProcessor1 PrintProcessor1 is offline
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Default Aggravated Battery re-sentence ?

Does your conviction date change in Illiniois if you are re-sentenced to probation after a violaition.

I was convicted of aggravated battery for spitting on a police officer's shirt while intoxicated in 2005, class 3 felony.

In 2007, I was arrested for criminal damage to property, class 3 felony. I violated the aggravated battery probation. I was resentenced on the aggravated battery charge in 2008 and received 5 years probation for the criminial damage to property charge and aggravated battery resentence.

I got sober in 2008, finished my associates degree, my bachelors degree and I am attending graduate school at University of Illinois. I was over 18 for both felonies. I received early termination of my probation after 3 years for turning my life around.

Under the FCRA, in select (7 i believe) states it is illegal for background check companies to report after your convication is 7 years old. I am planning to move to California.

Will I have to disclose my 2005 felony even though I was resentence in 2008 for it? Does resentencing mean I have 3 felonies on my record instead of two ?

I know these questions are complicated. I am planning to run a background check on myself through a major background check company and see what the report looks like.

If anyone has any answers I would greatly appreciate it.
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  #2  
Old 02-12-2013, 07:06 AM
26thncaliswag 26thncaliswag is offline
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What were you re-sentenced to on the Agg, Battery? Which unless you live in a really fluffy county, had to have something more than spitting in order to be a class 3. Either way, you only have two convictions. Battery and CDTP. Your resentence means that you did not comply with the terms of your original sentence, you were violated for a subsequent offense and resentenced to whatever the final outcome for your battery case.

I can't answer your background check question. I can go all the way back to your juvy years with my system. I don't know what companies use.
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Old 02-19-2013, 11:16 PM
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nineironninja nineironninja is offline
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Actually in Colorado spitting on someone is a felony...spitting on a police officer is an aggravation of the felony...I'm betting it's the same everywhere. Assault of any kind of said police officer is frowned on just about everywhere and can cause a sentence enhancement in most cases.
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Old 02-19-2013, 11:39 PM
26thncaliswag 26thncaliswag is offline
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Quote:
Originally Posted by nineironninja View Post
Actually in Colorado spitting on someone is a felony...spitting on a police officer is an aggravation of the felony...I'm betting it's the same everywhere. Assault of any kind of said police officer is frowned on just about everywhere and can cause a sentence enhancement in most cases.
Spitting in Illinois will not be a felony. Trust me. Either, the police report says something else occurred or OP is not telling the whole story.
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