What Is Illinois 1410/710 Probation?
The Illinois Cannabis Control Act and the Controlled Substances Act were enacted in 1971.
They specify two special types of probation sentences for offenders convicted of possessing either marijuana or other controlled substances.
For those convicted of Controlled Substances Act violations (e.g., possession of less than fifteen grams of cocaine, heroin or morphine), the sentencing option is known as “1410 probation” and for those convicted of marijuana possession or delivery, it is known as “710 probation.”
Only offenders with no prior felony convictions, probations or supervisions, including those resulting from previous violations of either Act (or of similar laws in other states or at the federal level), are eligible for 1410/710 sentences (for example, Chapter 570, Sec. 410a of the Illinois Revised Statutes).
In addition to having no felony prior convictions, 1410/710-eligible defendants also must have plead or been found guilty.
The principal incentive for defendants to accept sentences to 1410/710 probation is that at the end of five years following their sentencing date (a period that includes the successful completion of their probation term) they can petition the court for expungement of their conviction.