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I need some serious advise Criminal Records, Expungement

Discussion in 'Criminal Records, Expungement' started by Sweetsis23, Mar 2, 2004.

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  1. Sweetsis23

    Sweetsis23 Law Topic Starter New Member

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    When I was 17 years old I had moved in with my girlfriend who was 16. Her parents were fine with this and even let us sleep together in the same room. We were together for about a year and a half. When we separated, her parents decided to press statutory rape charges against me and won. Even though she had stated that it was completely consentual, and I was a minor myself, I payed with serving a year in jail and now 12 years later am still paying for it with denials for career oportunities and housing locations. Of course, the boyfriend she had shortly after me payed the same consequences. I almost have my RN license but will never be able to use it in the hospitals. I am 29 years old, and am desparetly seeking any advise that could help me move on with my life without this ongoing punishment. Anybody?

    Thank you,
    Mike
     
  2. NYClex

    NYClex New Member

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    have you already tried to expunge your record, that is, tried to have your conviction record sealed? Then no employer would hear about it.

    What state was the conviction in?
     
    Last edited: Mar 2, 2004
  3. Sweetsis23

    Sweetsis23 Law Topic Starter New Member

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    to nyclex

    Michigan is the State where this all happened. I don't don't how the laws work here as far as having something like this expunged. That is why I wanted a little advise on what my rights are and how I could go about doing this. That is, if I even have a chance.

    Mike
     
  4. freebird

    freebird Member

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    Re: to nyclex

    Eligibility for sealing your record varies between states and generally this is what you need to do:

    (1) Apply in writing to the Court to seal the record
    (2) The sentence needs to have been served
    (3) The applicant isn't facing any new charges
    (4) The applicant bears the burden to prove that requirements of probation have been fulfilled.

    Regarding expungement, there may be additional requirements:
    (1) In general, the majority of felonies cannot be expunged
    (2) The majority of sex offenses are also not elegible for record sealing
    (3) Record sealing usually applies to minors/juvenile offenses or misdemeanors
    (4) If you are acquitted of a charge you can automatically have your records sealed
    (5) Not all states are in agreement that sealed records cannot be used to increase a future sentence for a future crime.

    I'm not sure of something here -- were you a minor during the time you and your girlfriend were living together and you were charged?

     
  5. Sweetsis23

    Sweetsis23 Law Topic Starter New Member

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    Yes, I was a Minor at the time.
     

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