What Is 1410 Probation in Illinois and Who Qualifies?

In Illinois, 1410 probation is a special form of deferred-judgment probation under Section 410 of the Illinois Controlled Substances Act that lets a person charged with certain first-time drug possession offenses complete 24 months of supervision and walk away with no conviction on their record. Practitioners call it “1410” by combining the Act’s chapter number (14) with the section number (10). It is one of the most favorable outcomes Illinois law offers for a qualifying drug case, but it carries real conditions, real discretion by the judge, and one serious trap for non-citizens.

Which Charges Qualify

Only two offenses are eligible. The first is simple possession of a controlled or counterfeit substance under Section 402(c) of the Controlled Substances Act, which covers possession amounts that fall outside the statute’s more serious subsections. A 402(c) offense is a Class 4 felony carrying a maximum fine of $25,000.¹ The second is unauthorized possession of a prescription form under Section 406.2.²

Charges for manufacturing, delivery, trafficking, or possession under the higher-penalty subsections of Section 402 are not eligible. If the charge doesn’t fit cleanly into 402(c) or 406.2, 1410 probation is unavailable no matter how clean your record is.

Who Is Eligible

Beyond the qualifying charge, you cannot have any prior felony conviction under the Illinois Controlled Substances Act, any federal drug law, or any other state’s law relating to cannabis or controlled substances.² A prior misdemeanor drug conviction does not automatically disqualify you. A prior felony drug conviction anywhere in the country does.

There is a timing restriction, and it’s commonly misstated. The statute does not limit 1410 probation to a single lifetime use. It says you cannot receive more than one discharge and dismissal under this section within any four-year period.² Someone who successfully completed 1410 probation five years ago and now faces a new qualifying charge, with no intervening felony drug convictions, is not barred from receiving it again.

How You Get It

Judges do not offer 1410 probation on their own. Your attorney has to request it, and you have to either plead guilty or be found guilty of the qualifying offense. The court accepts that plea or finding but holds it without entering a formal judgment of conviction.² Under Illinois law, no conviction exists unless and until the court later enters that judgment.

Meeting every eligibility requirement does not entitle you to the outcome. The judge keeps full discretion to deny the request based on the circumstances of the offense, your background, and whether 1410 probation genuinely fits the goals of rehabilitation.

What the 24 Months Look Like

The probation period is exactly 24 months. The court defers further proceedings during that time, and the case ends either at the close of the period or earlier if the state files a petition to revoke.²

Four conditions are mandatory for every person on 1410 probation:²

No violation of any criminal law in any jurisdiction during the 24 months.
No possession of a firearm or other dangerous weapon.
Periodic drug testing at least three times during the probation period, at your own expense.
At least 30 hours of community service where it is available and funded in your county, with possible credit for participation in treatment programs.

On top of those, the court can add discretionary conditions. Common ones include paying fines and court costs, reporting regularly to a probation officer or social service agency, pursuing employment or vocational training, undergoing substance abuse treatment or psychiatric care, and submitting blood or urine samples to confirm no illicit drugs are in your system.² In practice, expect to face at least some of these. Most judges order a substance abuse assessment and whatever level of treatment it recommends. Probation supervision itself often carries monthly fees that vary by county.

What Dismissal Actually Gets You

Finish the full 24 months without violating any condition, and the court discharges you and dismisses the proceedings. No conviction is entered.² You can truthfully say you were not convicted of the offense, and employment applications asking about convictions do not require you to disclose it as one.

Dismissal is not erasure. The arrest and the charge still sit in your criminal history until you take the separate step of pursuing expungement.

What a Violation Costs You

A failed drug test, a new arrest, missed community service hours, or any other breach of your conditions can trigger a petition to revoke. If the court finds you violated, it can enter a judgment of conviction based on your original plea or finding of guilt and move straight to sentencing.² At that point you are being sentenced on the original Class 4 felony, with exposure to prison time, fines, and additional probation. The protection 1410 provided disappears the moment judgment enters.

Expunging the Case Afterward

Successful completion makes the case eligible for expungement, but you have to file for it. You must wait five years after the satisfactory termination of probation before filing an expungement petition, and you need to provide proof of a clean drug test taken within 30 days of filing.³

The petition is filed in the circuit court where the arrest occurred or the charges were brought, and it must include your name, date of birth, case number, date of arrest, and the identity of the arresting agency.³ A filing fee applies unless the court grants a fee waiver. If granted, the records are destroyed or returned to you.

Why the wait matters: between dismissal and expungement, the arrest and dismissed charge can still show up on a commercial background check. Federal law stops reporting of non-conviction information more than seven years old, measured from the date the charge was filed, not when it was dismissed.⁴ Filing for expungement as soon as you are eligible closes that window.

A Serious Warning for Non-Citizens

For anyone who is not a U.S. citizen, 1410 probation can be dangerous. Federal immigration law defines “conviction” differently than Illinois does. Under 8 U.S.C. § 1101(a)(48), a conviction exists for immigration purposes once the person has pleaded guilty or been found guilty and the court has ordered some form of punishment, penalty, or restraint on liberty.⁵

Because 1410 probation requires a guilty plea or finding of guilt and the court then imposes conditions that restrict your liberty, both elements are met. USCIS policy states that in deferred adjudication cases “the original finding or confession of guilt and imposition of punishment is sufficient to establish a conviction for immigration purposes.”⁶ Even though Illinois treats the case as a non-conviction, federal immigration authorities will likely treat it as a conviction that can trigger deportation or inadmissibility. Talk to an immigration attorney before entering any plea under Section 410.

Federal Student Aid

Drug convictions no longer affect federal student aid eligibility. Whether your 1410 case is pending or completed, it should not block federal grants or loans, and you can be eligible while on probation or parole as long as you meet the other standard requirements.⁷

1
Illinois General Assembly. Illinois Code 720 ILCS 570/402 – Manufacture, Delivery, or Possession With Intent
2
Illinois General Assembly. Illinois Code 720 ILCS 570/410 – Probation
3
Illinois General Assembly. Illinois Code 20 ILCS 2630/5.2 – Expungement, Sealing, and Immediate Sealing
4
Office of the Law Revision Counsel. United States Code Title 15 Section 1681c – Requirements Relating to Information Contained in Consumer Reports
5
Legal Information Institute. United States Code Title 8 Section 1101(a)(48) – Definition of Conviction
6
U.S. Citizenship and Immigration Services. USCIS Policy Manual Volume 12 Part F Chapter 2 – Adjudicative Factors
7
Federal Student Aid. Eligibility for Students With Criminal Convictions