Even if you are convicted of a crime or traffic violation, you may be able to avoid a conviction on your record. The judge has the discretion to strike the guilty finding from your record and enter probation before judgment. As a result, if the judge grants you the benefit of probation before judgment, you do not have a criminal conviction on your record. If it is a traffic ticket, you also avoid any points on your driving record which can prevent your insurance premiums from increasing.

There are several things you need to know about probation before judgment. It is completely up to the judge. Even if the State's Attorney does not oppose it, the judge can refuse to give you probation before judgment.

In addition, if you accept probation before judgment, you give up your right to take an appeal. This is because the entry of probation before judgment removes the conviction from your record and there is nothing to appeal. Therefore, if you wish to appeal, you must reject the offer of probation before judgment and take the conviction.

Next, if you have a conviction or probation before judgment for a DUI in the last 10 years, you are not eligible for probation before judgment. The judge cannot offer it to you and must allow the conviction to stand.

In most cases, the entry of probation before judgment will allow you to get your record expunged three years from the entry of the PBJ or from the end of parole or probation whichever is later. The notable exception is that a DUI or DWI cannot be expunged.

Thus, if you are convicted whether it is a result of a plea or trial, you should ask for the benefit of probation before judgment. This will keep the conviction off your record.