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Appeal Loss Lifts Conviction

A Chicago convict will see a decades-old weapons charge on his record voided on appeal. This after a panel of judges rejected his request for a new trial on an unrelated charge. In denying the state’s claim that expungements should be addressed as separate matters, the 1st District Appellate Court’s ruling points to the alternative avenues that exist for post-conviction relief.

Servetus Brown sought to challenge jury verdicts on felony weapons and drug charges from an incident in 2016 that saw him forcibly removed from a parked car on a Chicago street by cops responding to a report of shots fired. However, appeals judges affirmed Cook County Associate Judge Neera Walsh’s determination that Brown’s claims of procedural error in jury selection and effectiveness of counsel were unfounded. 

Nevertheless, it agreed Brown was within his right to attach the expungement bid for a gun possession offense from 1996 that since had been ruled void ab initio. In vacating the conviction of an offense later found “indisputably unenforceable”, the court cited a 2018 ruling by the state Supreme Court that Brown was entitled to request relief “from any court that otherwise has jurisdiction.” 

The DuPage County Criminal Defense Lawyers at The Chicagoland Law Firm represent clients in courts around the state, including in petitions for the expungement and sealing of criminal records. To learn more about the services we offer and how they relate to the facts in your case, contact our law offices in Downers Grove and downtown Chicago today for a free consultation. When you retain us, we will represent you zealously.

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