A felony conviction in Illinois follows you long after any sentence ends. It can cost you jobs, housing, professional licenses, and your right to own a firearm. But for certain first-time offenders, Illinois law provides a way to resolve a felony charge without ever being convicted. It is called Second Chance Probation, and it is found in the Unified Code of Corrections at 730 ILCS 5/5-6-3.4.
Used correctly, Second Chance Probation lets an eligible defendant complete a period of probation and then have the charge dismissed outright, with no conviction entered. But it is not automatic, it is not available for every charge, and it carries a catch many people don’t realize until it is too late: the prosecutor has to agree to it. Here is how it actually works in Will County, who qualifies, and what to watch for.
What Is Second Chance Probation?
Second Chance Probation is a special sentence that lets the court accept a guilty plea but defer entering a judgment of conviction. Rather than convicting you, the judge places you on probation for a set period. Complete that probation successfully and the court dismisses the case and discharges you, with no conviction on your record.
The statute is explicit: a sentence under this section is not a conviction “for purposes of disqualifications or disabilities imposed by law upon conviction of a crime unless and until judgment is entered.” In plain terms, as long as you finish the probation, the felony does not count as a conviction against you for employment, licensing, or the other collateral consequences that make a felony record so damaging.
Which Charges Qualify?
Second Chance Probation is limited to specific, non-violent, probationable felonies. Under the current statute, eligible charges include:
- Possession of less than 15 grams of a controlled substance
- Possession of less than 15 grams of methamphetamine
- Possession of cannabis
- Theft and retail theft (at a probationable felony level)
- Forgery and deceptive practices
- Possession of a stolen motor vehicle
- Burglary and possession of burglary tools
- Criminal damage to property or criminal trespass under Article 21, including criminal trespass to a residence
- Felony disorderly conduct
- An offense involving fraudulent identification
- Obstructing justice
Each of these must be a probationable felony to begin with. If you are unsure how your charge is classified, our felony defense and drug crime pages explain the classes and penalties in more detail.
Who Is Eligible — and Who Isn’t
Qualifying is about more than the charge itself. You must clear several gates:
- No prior felony conviction, anywhere. A previous felony conviction in Illinois, another state, or federal court disqualifies you.
- No violent history and no violent charge. You cannot have a prior conviction for a “violent offense,” and the current charge cannot be one either. The statute defines a violent offense broadly: any offense involving bodily harm or the threat or use of force, any sex offense, domestic violence, domestic battery, violating an order of protection, stalking, a hate crime, and any offense involving a firearm or other dangerous weapon.
- No prior diversion of this type. If you have already used certain first-offender programs, such as 410 probation for drugs, the equivalent methamphetamine or cannabis provisions, TASC treatment probation, or the Offender Initiative Program, you are not eligible for Second Chance Probation.
- The prosecutor must consent. This is the gate people underestimate. Under current Illinois law, the court may impose Second Chance Probation only “with the consent of the defendant and the State’s Attorney.” A judge cannot simply grant it over the prosecution’s objection.
That last requirement is worth dwelling on. A bill introduced in 2026, HB4422, would have removed the State’s Attorney’s consent requirement and made several probation conditions discretionary, but it stalled in committee and did not become law. As of 2026, the prosecutor’s agreement is still required, which is exactly why how your case is presented to the State’s Attorney matters so much.
What the Probation Involves
If the court grants Second Chance Probation, you will be placed on probation for a minimum of 24 months. The statute sets several conditions, including:
- Committing no new criminal offense in Illinois or any other state
- Not possessing a firearm or other dangerous weapon
- Making full restitution to any victim or property owner
- Obtaining or attempting to obtain employment
- Working toward a high school diploma, equivalency, or vocational training where applicable
- Submitting to periodic drug testing (at least three times, at your own expense)
- Completing a minimum of 30 hours of community service
These conditions are mandatory under the current statute. If you violate any term, the consequences are serious: because you already pleaded guilty, the court can enter a judgment of conviction and resentence you on the original felony, which is the very outcome Second Chance Probation was meant to help you avoid.
The Real Payoff: A Clean Record
Complete the probation and the court dismisses the charge. Because no conviction is entered, you can truthfully say you were not convicted of the offense. From there, you may be able to expunge or seal the record so it no longer appears on most background checks.
A few important limits apply. You can receive a discharge and dismissal under this section only once every four years, so in most cases it is a genuine one-shot opportunity. And if you are convicted of a new offense within five years of the dismissal, the earlier Second Chance case can be used against you as aggravation at sentencing. Those same rules can affect when you are actually able to expunge the record, so it is worth reviewing the timing with an attorney before assuming the slate is instantly clean.
How It Differs From 410 Probation and Court Supervision
People often confuse Second Chance Probation with other Illinois dispositions:
- 410 probation is drug-specific. It applies to first-time possession of a controlled substance and, like Second Chance Probation, ends in dismissal. Second Chance Probation reaches a broader set of non-violent felonies.
- Court supervision is not available for felonies at all. It is a misdemeanor and traffic disposition. Second Chance Probation is, in effect, the closest felony-level equivalent.
- The Offender Initiative Program is similar but does not require a guilty plea and can reach some Class 2 felonies. Which tool fits depends entirely on your charge and your history.
Why It’s Worth Fighting For
Because Second Chance Probation requires the State’s Attorney’s consent and is limited to one use every four years, getting it is often a matter of negotiation and presentation, not a box you simply check. As a former Will County prosecutor and former Illinois Assistant Attorney General, attorney Jack Zaremba has been on both sides of these decisions. He understands what persuades a prosecutor to agree and how to position a first-time client as exactly the kind of person the statute was written for.
If you are facing a first felony charge in Will County or the surrounding area, it is worth finding out early whether Second Chance Probation is on the table. Contact the Law Offices of Jack L. Zaremba to discuss your case.
Frequently Asked Questions
Does Second Chance Probation result in a conviction?
No, not if you complete it. You plead guilty, but the court defers judgment. Under 730 ILCS 5/5-6-3.4, the sentence is not a conviction unless and until a judgment is entered, and successful completion ends in the charge being dismissed.
Does the prosecutor have to agree to Second Chance Probation?
Yes. Under current Illinois law, the court can impose Second Chance Probation only with the consent of both the defendant and the State’s Attorney. A 2026 bill (HB4422) proposed removing that requirement, but it did not pass, so the prosecutor’s agreement is still required.
How long does Second Chance Probation last?
At least 24 months. The court sets the exact length, but the statute establishes a two-year minimum, during which you must comply with all conditions of probation.
Can I get Second Chance Probation more than once?
Generally no. The law allows only one discharge and dismissal under this section within any four-year period, so it is typically a one-time opportunity.
What happens if I violate the terms?
Because you already pleaded guilty, a violation lets the court enter a judgment of conviction and resentence you on the original felony charge, which is the outcome Second Chance Probation was meant to help you avoid.
Can I expunge the case afterward?
Once the charge is dismissed, you may petition to expunge or seal the record. Timing matters, though. Because a Second Chance dismissal can be used as aggravation if you are convicted of something new within five years, it is best to review expungement timing with an attorney rather than assume the record clears immediately.
This post is for informational purposes only and does not constitute legal advice. Results vary by case.