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Kane County State's Attorney's Office Joseph H. McMahon - State's Attorney; State's Attorney's Office - Kane County Kane County State's Attorney's Office
37W777 Route 38, Suite 300
St. Charles, IL 60175
(630) 232-3500

Misdemeanor Drug & Alcohol

‚ÄčThis six-month program holds certain first-time misdemeanor drug and alcohol offenders accountable, provides information and counseling about the risks of alcohol and drug use and provides tools necessary to prevent them from becoming repeat offenders or addicts. Successful completion of this program allows offenders to immediately clear their record. By comparison, offenders who successfully complete court supervision must wait two years before they can apply to clear their record.

Application process
A judge, state's attorney, defense attorney or police department may make a referral. A referral generally is made within 60 days after charges are filed. Once a referral is made, the offender will pay a $50 application fee, and then complete the application with a case manager, who will screen the application for eligibility and make a recommendation for acceptance or rejection. After the interview, a recommendation is made to the state's attorney. If approved, the defendant must sign an agreement that includes accepting responsibility for the charges and pay a $50 application fee.

An applicant is ineligible if:

  • Has prior convictions or felony arrests
  • Is on probation or supervision for any misdemeanor or felony charges
  • Is active gang member
  • Is charged with felony drug- or alcohol-related charges
  • Is charged with driving under the influence of alcohol or drugs
  • Has prior supervision for alcohol/drug charges

Program requirements
Participation is six months. Defendants attend a drug-education program, pay program fees and submit to random drug testing. Bond conditions apply.

Completion or termination

Upon successful completion, the state's attorney agrees to dismiss pending charges, and offenders can immediately petition the court to have the arrest stricken from their record. If program terms are not followed or if a new offense is committed, the defendant is terminated from the program and the case is returned to court for prosecution.