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Need help on an old case.

Discussion in 'Criminal Records, Expungement' started by LegalyCurious, Apr 30, 2018.

  1. LegalyCurious

    LegalyCurious Law Topic Starter New Member

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    I'm trying to find out the realities of getting a troublesome misdemeanor charge that I was forced into pleading guilty to erased.
    Years ago I got arrested for a felony and while I was being questioned (before I was arrested) I had my 2 belt knives on the back of my belt. (They were completely visible before I was stopped, and I know the laws on concealed weapons.) My shirt was tucked in but became untucked and covered my knives before I could tell the officers. Everytime I attempted to tell the officer that I had the knives I was told to be quite and they would get to me. Before I could explain or even had a chance to speak the officers partner saw my knives and I ended up with a concealed weapon misdemeanor charge as well. I was planning on fighting both charges but had no way of proving my innocence on the felony and ended up being talked into a plea deal that made me have to plead guilty to both charges. After 4 years of felony probation I was finally able to get the evidence to prove my innocence on the felony and the courts approved my motion for an after sentencing dismissal of the felony but the misdemeanor is still on my record. Now I can hardly find a job or place that will rent to me because I have a concealed weapons "conviction" (they never look into any of the fine details of a charge) on my record. My question is, is there a way that I can have the concealed weapons charge ether reopened, thrown out or expunged without a serious amount of money and aggravation? Also the county this happened in is almost 500 miles away from where I live now and I can not afford to travel there through months of court proceedings.
     
  2. army judge

    army judge Super Moderator

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    Your state (CA) as do most other states offer a solution referred to as expungement or expunction.

    Whether you say expunction or expungement, in the vernacular they mean the same thing.

    You can certainly investigate this solution by discussing the intricacies with a local attorney.

    Most attorneys will meet with a potential client for free as a courtesy for the first meeting.

    You'll have about 30 minutes to ask questions, get answers, then decide what to do next.

    Yes, most people can pursue the unicorn of expungement or expunction by reading and following online guides as then filing "pro se" their case.

    here are a couple of sites, I don't recommend either, just illustrating how easily any online search will reveal these self help guides to expungement nirvana:



    Many CA state help self help guide:

    https://saclaw.org/wp-content/uploads/sbs-expungement-guide.pdf

    http://www.sccll.org/research/SCCLL_Expungement_Guide.pdf

    Expungement (PC1203.4/1203.4a)


    Cleaning Your Record - criminal_selfhelp

    Self-Help - selfhelp



    Now, be advised, expungement won't ERASE any conviction, only a pardon can do that.

    Pardons are very rare, and unless you're wealthy or politically connected, you won't get one.

    Many people report that after obtaining expungement nirvana, they end up being disappointed.

    Why?

    Because after shelling out hundreds of dollars, they still get rejected for jobs and/or apartment rentals.

    You can also search what people say after obtaining their expunction.
     
  3. Highwayman

    Highwayman Well-Known Member

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    Forced? Did someone hold one of your knives to your throat in court?? :rolleyes:
     
    army judge likes this.
  4. zddoodah

    zddoodah Well-Known Member

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    "Forced" and "being talked into" are two very different things, and you always had the option of going to trial.

    Define "serious amount of money and aggravation." Regardless, the answer to the question depends on the laws of the state where the conviction took place, which you didn't identify. A lot will depend on how long ago all this happened.

    It is unlikely that there would be "months of court proceedings." Indeed, it's possible that this can be done without you ever having to set foot in a courthouse. The smartest thing will be to contact an attorney in the area of the court where this happened.
     
  5. LegalyCurious

    LegalyCurious Law Topic Starter New Member

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    No but when the only 3 choices you have are 1 fight all charges against you and end up with a 5+ year prison sentence, 2 refuse the only offer the state is willing to make and again end up in prison, or 3 take the plea deal which includes pleading guilty to the misdemeanor and only getting sent on a 6 month rider program, I'm sure you can see how I was "forced" into it. I'm not saying I had a gun to my head but there really wasn't much choice in the matter. At least taking the deal as I did aloud me the freedom once I was released on probation to track down the information to prove my innocents of the felony that ended up finally clearing my name and getting me my after sentencing dismissal. And beings it took me almost 4 years to finally find that evidence I'm sure you can see how much longer it would have taken to get it if I was in prison trying to find it...
     
  6. LegalyCurious

    LegalyCurious Law Topic Starter New Member

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    The state is Idaho. The amount of money and aggravation comes from the fact that any lawyer I hire to help in this is going to require way more money then I can afford. I live in a tent in the woods and have no real income at this time. And as for the forced and talked into being two different things, they're pretty much the same when you have no other alternative between choosing to spend 5+ years in prison or a 6 month rider program (a basic therapeutic treatment correctional center).
     
  7. zddoodah

    zddoodah Well-Known Member

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    No. That's not being "forced," and you're neglecting the fact that taking the case to trial could result in acquittal. If, after careful analysis, you and your attorney concluded that accepting the plea bargain was a better option than taking the case to trial, that's not being "forced."

    Here are a bunch of articles about expunging a misdemeanor in Idaho.
     
  8. LegalyCurious

    LegalyCurious Law Topic Starter New Member

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    Ok, so to get into even more detail, I do say forced still because, again there really wasn't any choice, there was no chance at an aquital in trial at this time because there was no way I was going to be able to get the neccasery evidence i needed for that aquital before a trial was over and anyone who has delt with the law on this end especially a Geelong knows that if you goto trial and are found guilty there is an almost 95% guarantee that you will end up with a more severe sentence. As for me and my attorney talking that is a very large assumption. 1 there was no "attorney" as you state, there was only a court appointed public pretender (and I use that word factually in this regard). The only time I ever actually spoke to the man was AFTER the prosecutor stated that they had made a deal with us for the rider during the pretrial conference. (Yes, I am saying that he made the deal without ever speaking to me once and that information IS in the court records for my case, and no I was not stupid enough to just sit back quietly as he did so.) After speaking up I told the judge this was the first I ever heard of any deal as well as the first time I ever spoke to him before. At which point my pretender leaned in and said this is the only option I had unless I wanted to spend the next 5+ years in prison. So to wrap up, yes I WAS forced into it at that time. (I do know now, partially due to this case, that I have more power over what goes on in court over my own cases butnat the time I was a young and unknoladged kid.)
     

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