Removal of conviction in custody case may open Pandora’s box

Lawyers' Forum

By Kimberly Glasford

Kimberly Glasford is a law clerk for 1st District Appellate Justice Terrence J. Lavin. She may be reached at kimberly.glasford@gmail.com.

Posted August 16, 2018 12:35 PM

The Illinois Supreme Court has held that all Illinois courts have a duty to vacate convictions for facially unconstitutional offenses, even where those convictions are only indirectly before a court that is hearing a civil matter.Under In re N.G., 2018 IL 121939, defendants will not bear the burden of vacating their convictions alone.Floyd F. was found unfit to parent based on a rebuttal statutory presumption that having three felony convictions rendered him “depraved” (750 ILCS 50/1(D)(i)). Consequently, the …

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