ILCS » Chapter 720 · Act 570
Illinois Compiled Statutes

720 ILCS 570/410 (2026)

(a) Whenever any person who has not previously been convicted of any felony offense under this Act or any law of the United States or of any State relating to cannabis or controlled substances, pleads guilty to or is found guilty of possession of a controlled or counterfeit substance under subsection (c) of Section 402 or of unauthorized possession of prescription form under Section 406

✓ current as of May 2026
Find cases: SyfertCases citing this section IL-ILGAilga.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar
(720 ILCS 570/410)
    Sec. 410. (a) Whenever any person who has not previously been convicted of any felony offense under this Act or any law of the United States or of any State relating to cannabis or controlled substances, pleads guilty to or is found guilty of possession of a controlled or counterfeit substance under subsection (c) of Section 402 or of unauthorized possession of prescription form under Section 406.2, the court, without entering a judgment and with the consent of such person, may sentence him or her to probation. A sentence under this Section shall not be considered a conviction under Illinois law unless and until judgment is entered under subsection (e) of this Section.
    (b) When a person is placed on probation, the court shall enter an order specifying a period of probation of 24 months and shall defer further proceedings in the case until the conclusion of the period or until the filing of a petition alleging violation of a term or condition of probation.
    (c) The conditions of probation shall be that the person: (1) not violate any criminal statute of any jurisdiction; (2) refrain from possessing a firearm or other dangerous weapon; (3) submit to periodic drug testing at a time and in a manner as ordered by the court, but no less than 3 times during the period of the probation, with the cost of the testing to be paid by the probationer; and (4) perform no less than 30 hours of community service, provided community service is available in the jurisdiction and is funded and approved by the county board. The court may give credit toward the fulfillment of community service hours for participation in activities and treatment as determined by court services.
    (d) The court may, in addition to other conditions, require that the person:
        (1) make a report to and appear in person before or
    
participate with the court or such courts, person, or social service agency as directed by the court in the order of probation;
        (2) pay a fine and costs;
        (3) work or pursue a course of study or vocational
    
training;
        (4) undergo medical or psychiatric treatment; or
    
treatment or rehabilitation approved by the Illinois Department of Human Services;
        (5) attend or reside in a facility established for
    
the instruction or residence of defendants on probation;
        (6) support his or her dependents;
        (6-5) refrain from having in his or her body the
    
presence of any illicit drug prohibited by the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act, unless prescribed by a physician, and submit samples of his or her blood or urine or both for tests to determine the presence of any illicit drug;
        (7) and in addition, if a minor:
            (i) reside with his or her parents or in a foster
        
home;
            (ii) attend school;
            (iii) attend a non-residential program for youth;
            (iv) contribute to his or her own support at home
        
or in a foster home.
    (e) Upon violation of a term or condition of probation, the court may enter a judgment on its original finding of guilt and proceed as otherwise provided.
    (f) Upon fulfillment of the terms and conditions of probation, the court shall discharge the person and dismiss the proceedings against him or her.
    (g) A disposition of probation is considered to be a conviction for the purposes of imposing the conditions of probation and for appeal, however, a sentence under this Section is not a conviction for purposes of this Act or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime unless and until judgment is entered.
    (h) A person may not have more than one discharge and dismissal under this Section within a 4-year period.
    (i) If a person is convicted of an offense under this Act, the Cannabis Control Act, or the Methamphetamine Control and Community Protection Act within 5 years subsequent to a discharge and dismissal under this Section, the discharge and dismissal under this Section shall be admissible in the sentencing proceeding for that conviction as evidence in aggravation.
    (j) Notwithstanding subsection (a), before a person is sentenced to probation under this Section, the court may refer the person to the drug court established in that judicial circuit pursuant to Section 15 of the Drug Court Treatment Act. The drug court team shall evaluate the person's likelihood of successfully completing a sentence of probation under this Section and shall report the results of its evaluation to the court. If the drug court team finds that the person suffers from a substance use disorder that makes him or her substantially unlikely to successfully complete a sentence of probation under this Section, then the drug court shall set forth its findings in the form of a written order, and the person shall not be sentenced to probation under this Section, but shall be considered for the drug court program.
(Source: P.A. 103-702, eff. 1-1-25; 103-881, eff. 1-1-25; 104-417, eff. 8-15-25.)

    
Notes of Decisions
Cited in 51 cases (5 in the last 5 years), 1994–2026 · leading case: Carlos Gonzalez v. Cynthia J. O'connell, Dist. Dir., Bureau of Immigr. & Customs Enf't, & United States of Am., 355 F.3d 1010 (7th Cir. 2004).
Sort: Relevance Newest Treatment
Carlos Gonzalez v. Cynthia J. O'connell, Dist. Dir., Bureau of Immigr. & Customs Enf't, & United States of Am., 355 F.3d 1010 (7th Cir. 2004). · cites it 6× “§ 1101 (a)(48)(A), and that a probationary disposition under 720 ILCS 570/410 following a plea of guilty qualifies as a “conviction” under that definition.”
People v. Givens, 934 N.E.2d 470 (Ill. 2010). “enter and search her apartment; (2) whether defendant was proved guilty beyond a reasonable doubt; (3) whether the State established a sufficient chain of custody with respect to the recovered evidence; and (4) whether the trial court abused its discretion in refusing…”
Rayford Gill v. John Ashcroft, Attorney Gen. of the United States, 335 F.3d 574 (7th Cir. 2003). “720 ILCS 570/410(g). If Illinois law were dispositive, then, Gill would not have on his record a “conviction” for possessing cocaine.”
People v. Sherrod, 664 N.E.2d 1066 (Ill. App. Ct. 1996). · cites it 5× “In this case, the defendant pleaded guilty and was sentenced to probation pursuant to section 410 of the Illinois Controlled Substances Act (Act) (720 ILCS 570/410 (West 1992)). Under the terms of the statute, when a first offender is sentenced to probation, the court defers…”
Rafaela Aldaco v. Rentgrow, Inc., 921 F.3d 685 (7th Cir. 2019). “See 720 ILCS 570/410(f). He argued that, because of this state law, he was entitled to "a declaration that a state's effort to eliminate all civil disabilities after the completion of the sentence obliterates the 'conviction' for purposes of federal law.”
People v. Lombardi, 705 N.E.2d 91 (Ill. 1998). “See 720 ILCS 570/410(a) (West 1996). Based on the involvement of a handgun in their alleged offenses, however, the armed violence statute increases their minimum potential sentence to 15 years.”
United States v. Jose Jaime Lopez, 907 F.3d 537 (7th Cir. 2018). “Relying on Dickerson , we have held that a guilty plea under Illinois' first-time-offender law, 720 ILCS 570/410 qualifies as a "prior conviction" under § 841(b)(1) .”
United States v. Pedro Gomez, Fernando Magana, & Rigoberto Vela, 24 F.3d 924 (7th Cir. 1994). “The state statute authorizing this form of sentence specifies that at the end of the probationary period, the court shall “discharge the person and dismiss the proceedings against him” unless he violated the terms of the probation.”
People v. Hughes, 653 N.E.2d 818 (Ill. App. Ct. 1995). · cites it 2× “See 720 ILCS 570/410 (West 1992). Sometime before this trial, she violated her probation, which then was extended.”
People v. Hoare, 2018 IL App (2d) 160727 (Ill. App. Ct. 2018). · cites it 5× “¶2 Defendant entered a negotiated guilty plea to unlawful possession of cocaine (720 ILCS 570/402(c) (West 2012)) and was sentenced to 24 months’ first-offender probation (720 ILCS 570/410(a) (West 2012)). Under “410 probation,” the court does not enter a judgment of conviction…”
People v. Johnson, 2020 IL App (1st) 171638 (Ill. App. Ct. 2020). “Defendant also asserts in his brief that he completed “first-offender probation” pursuant to 720 ILCS 570/410(a) (West 2016), which provides that once a person successfully completes the terms and conditions of his probation, the court will “dismiss the proceedings” and…”
People v. Teper, 2016 IL App (2d) 160063 (Ill. App. Ct. 2016). · cites it 3× “Defendant also 2016 IL App (2d) 160063 argues that the trial court erred in failing to sentence her to first-offender probation under section 410 of the Act (720 ILCS 570/410 (West 2014)). ¶2 We conclude that section 414 does not apply, because the evidence of defendant’s drug…”
Show all 51 citing cases →
— 720 ILCS 570/410(a) — 7 cases
People v. Lombardi, 705 N.E.2d 91 (Ill. 1998). “See 720 ILCS 570/410(a) (West 1996). Based on the involvement of a handgun in their alleged offenses, however, the armed violence statute increases their minimum potential sentence to 15 years.”
People v. Hughes, 653 N.E.2d 818 (Ill. App. Ct. 1995). “See 720 ILCS 570/410 (West 1992). Sometime before this trial, she violated her probation, which then was extended.”
People v. Hoare, 2018 IL App (2d) 160727 (Ill. App. Ct. 2018). “¶2 Defendant entered a negotiated guilty plea to unlawful possession of cocaine (720 ILCS 570/402(c) (West 2012)) and was sentenced to 24 months’ first-offender probation (720 ILCS 570/410(a) (West 2012)). Under “410 probation,” the court does not enter a judgment of conviction…”
People v. Hoare, 2018 IL App (2d) 160727 (Ill. App. Ct. 2018).
People v. Torres-Orduno, 2022 IL App (2d) 210125-U (Ill. App. Ct. 2022).
— 720 ILCS 570/410(b) — 3 cases
People v. Sherrod, 664 N.E.2d 1066 (Ill. App. Ct. 1996). “In this case, the defendant pleaded guilty and was sentenced to probation pursuant to section 410 of the Illinois Controlled Substances Act (Act) (720 ILCS 570/410 (West 1992)). Under the terms of the statute, when a first offender is sentenced to probation, the court defers…”
People v. Hoare, 2018 IL App (2d) 160727 (Ill. App. Ct. 2018). “¶2 Defendant entered a negotiated guilty plea to unlawful possession of cocaine (720 ILCS 570/402(c) (West 2012)) and was sentenced to 24 months’ first-offender probation (720 ILCS 570/410(a) (West 2012)). Under “410 probation,” the court does not enter a judgment of conviction…”
People v. Hoare, 2018 IL App (2d) 160727 (Ill. App. Ct. 2018).
— 720 ILCS 570/410(c) — 1 case
People v. Rowley, 2020 IL App (3d) 180226-U (Ill. App. Ct. 2020).
— 720 ILCS 570/410(c)(2) — 1 case
United States v. Lloyd, 30 F. Supp. 2d 1043 (N.D. Ill. 1998).
— 720 ILCS 570/410(e) — 4 cases
People v. Sherrod, 664 N.E.2d 1066 (Ill. App. Ct. 1996). “In this case, the defendant pleaded guilty and was sentenced to probation pursuant to section 410 of the Illinois Controlled Substances Act (Act) (720 ILCS 570/410 (West 1992)). Under the terms of the statute, when a first offender is sentenced to probation, the court defers…”
People v. Hoare, 2018 IL App (2d) 160727 (Ill. App. Ct. 2018). “¶2 Defendant entered a negotiated guilty plea to unlawful possession of cocaine (720 ILCS 570/402(c) (West 2012)) and was sentenced to 24 months’ first-offender probation (720 ILCS 570/410(a) (West 2012)). Under “410 probation,” the court does not enter a judgment of conviction…”
People v. Hoare, 2018 IL App (2d) 160727 (Ill. App. Ct. 2018).
United States v. Lloyd, 30 F. Supp. 2d 1043 (N.D. Ill. 1998).
— 720 ILCS 570/410(f) — 10 cases
Rafaela Aldaco v. Rentgrow, Inc., 921 F.3d 685 (7th Cir. 2019). “See 720 ILCS 570/410(f). He argued that, because of this state law, he was entitled to "a declaration that a state's effort to eliminate all civil disabilities after the completion of the sentence obliterates the 'conviction' for purposes of federal law.”
United States v. Pedro Gomez, Fernando Magana, & Rigoberto Vela, 24 F.3d 924 (7th Cir. 1994). “The state statute authorizing this form of sentence specifies that at the end of the probationary period, the court shall “discharge the person and dismiss the proceedings against him” unless he violated the terms of the probation.”
People v. Johnson, 2020 IL App (1st) 171638 (Ill. App. Ct. 2020). “Defendant also asserts in his brief that he completed “first-offender probation” pursuant to 720 ILCS 570/410(a) (West 2016), which provides that once a person successfully completes the terms and conditions of his probation, the court will “dismiss the proceedings” and…”
People v. Sherrod, 664 N.E.2d 1066 (Ill. App. Ct. 1996). “In this case, the defendant pleaded guilty and was sentenced to probation pursuant to section 410 of the Illinois Controlled Substances Act (Act) (720 ILCS 570/410 (West 1992)). Under the terms of the statute, when a first offender is sentenced to probation, the court defers…”
Miller v. Dep't of State Police, 2014 IL App (5th) 130144 (Ill. App. Ct. 2014).
— 720 ILCS 570/410(g) — 12 cases
Carlos Gonzalez v. Cynthia J. O'connell, Dist. Dir., Bureau of Immigr. & Customs Enf't, & United States of Am., 355 F.3d 1010 (7th Cir. 2004). “§ 1101 (a)(48)(A), and that a probationary disposition under 720 ILCS 570/410 following a plea of guilty qualifies as a “conviction” under that definition.”
Rayford Gill v. John Ashcroft, Attorney Gen. of the United States, 335 F.3d 574 (7th Cir. 2003). “720 ILCS 570/410(g). If Illinois law were dispositive, then, Gill would not have on his record a “conviction” for possessing cocaine.”
People v. Dorado, 2020 IL App (2d) 190818 (Ill. App. Ct. 2020).
United States v. Demetric Lloyd, 184 F.3d 695 (7th Cir. 1999).
People v. Teper, 2016 IL App (2d) 160063 (Ill. App. Ct. 2016). “Defendant also 2016 IL App (2d) 160063 argues that the trial court erred in failing to sentence her to first-offender probation under section 410 of the Act (720 ILCS 570/410 (West 2014)). ¶2 We conclude that section 414 does not apply, because the evidence of defendant’s drug…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.