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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 27124
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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Expungement of a case I have with 2 charges, one of which I

Resolved Question:

Expungement of a case I have with 2 charges, one of which I was not guilty, but forced to plea bargain and plead guilty in order to not risk a trial.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Dwayne B. replied 5 years ago.
Do you have a specific question I can help you with?
Customer: replied 5 years ago.
I was charged with felonius assault and failure to comply with the signal of a police officer in 1992. The incident was on Dec. 23, 1992. The actual court date was May of 1993. I am honestly not guilty of the felonius assault charge, and the second charge was really fleeing and eluding-I don't know why the officer said failure to comply. There is a lengthy explanation involved in this case, but I'm going to try and summarize it. Let me know if you have any questions. Basically I complained of a parking ticket in July of 1992, the officer then made up a charge and I was getting false driiving suspensions in the mail and they blamed my sister for it. She had had some trouble with this same officer earlier-he asked if I had a charge some location when I paid my ticket, and I said, no I think your'e getting me mixed up with my sister.
She has a record much worse than mine. This felony conviction is my FIRST offense of a felony.Anyway, when I went to straighten it out, with a lawyer, one officer laughed and said, isn't that funny, now you won't trust any police officer. SOO... I had a lot of anger, and couldn't seem to shake it over this incident, so in December of 1992, I was driving home one night, and just wanted to stop at the same police building and flip the bird at the police station. Well, unfortunately, one of the officers from the same depart ment I had trouble with was coming the opposite direction, and my anger took over and with out even a split second of a thought, i turned around shone my lights on him, and he casually walked up to my car and walked back to his, and I drove off at one mile an hour-he was never in front of my car, -my car was at a very safe distance away from him almost across the street. WEll, he said I tried to use my vehicle as a weapon to run him over. My Mom said,why that's ridiculous, why would you try to run over an officer right in front of the police department?? HE stopped me and I pulled over and told me to get out of the car and I said I didn't trust that police department and he said, I don't care, and I said, no, and drove away-at a very low rate of speed I might add. So, there you go-that's exactly what happenend. He never drew his gun, never said a word, and just non-chalantly walked up to the sid e of my car and walked back. My Intensive supervision probabtion officer the second day he met me said, and I quote his exact words, "I think your case is a fluke." So, now I think you know how the charges of felonius assault and failure to comply came up.
Today, the problem is I really want the felonius assault charge expunged because I am totally innocent of that charge. I'm a college graduate, who was under psychiatric care at the time and had been for awhile for emotional problems. Also, we were going to plead not guilty to felonius assault and all of a sudden my lawyers came out of the judge's chambers one day and then told me to plead guilty-I'm like, huh?? Then it said sign this paper saying you voluntarily are pleading guilty and I said to my lawyers, I can't sign this-I'm not pleading guilty voluntarily and they said, just sign it-that was my lawyers fault.
So, look at all I had in my defense! and to no avail. No one understands it.
SO, MY QUESTION IS, can I get this charge of felonius assault expunged? WE tried once last year with the same judge=my lawyer went, not me, and it was denied. Another odd thing, is, the reason they say I can't get it expunged is BEcause I had 2 DUI's 6 months apart in 1983, and you can't have another charge like that and get it expunged, BUT! a DUI was considered a misdemeanor in 1983, NOt! a felony, so no one has ever explained that to my satisfaction either. That's what the lawyers say I've asked.
I also had to forfeit my car-it was brand new -one day old! and they took it! Also, I had to pay a fine, but fortunately since it was a first felony offense, I was very lucky to get 3 years probation and an ankle bracelet for 7 months. The sad part is the ankle bracelet I wore successfully for 7 months and forfeiting the brand new car was punishment for the felonius assualt-not the other charge-so really I was being punished for something I didn't commit.
Till this day, it's the worse thing that ever happened to me, and it still makes me angry at times, but I blow it off quick-not worth it, and my lawyer wrote an affidavit I use at my job interviews, one line says, "in fact, Officer So and so testified in open court that he wasn't hurt at all."
I TOLD YOU IT WAS A LOOOOONG!!!! story,-SORRY ! BUt I would like your opinion on it-I THINK IT'S A VERY SAD STORY IN MY LIFE, cause I was young and naive at the time, and made a mistake, -but it WILL ALWAYS BOTHER ME! till the day I died, cause I think it was so unfair, but I've learned to live with it.
I shouldn't have complained to an officer, but no one would ever expect an officer to respond by making up a charge! Anyway, MY MAIN QUESTION IS, CAN THIS FELONIUS ASSUALT CONVICTION BE EXPUNGED? in our opinion. Even if the answer is negative, it's fine, cause I've lived with the anguish of it for 16 years now. The judge was a very stern judge-not the best judge, put it that way. ALSO DO YOU KNOW I HAVEN'T HAD SO MUCH AS A PARKING TICKET SINCE THIS INCIDENT _-SINCE 1999?! Anyway, there it is-and I am sorry for the length but there's almost no one around it, if I have to explain it. Thanks for your time. It's a highly unusual case!-I KNOW!! No one can believe that happened to me!! I can laugh abour it sometimes, when it doesn't hurt so much. Anyway, thanks again.
Expert:  Dwayne B. replied 5 years ago.
While it sounds like the charge is eligible for expunction, there is no requirement that the judge do so. Since he has already rejected it once it seems unlikely he would grant it if you bring it again.

I would recommend waiting until there is a new judge on the bench and then refiling. It is fairly unusual for a judge to deny an expunction under the circumstances you describe so you will probably have better luck with a new judge.

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Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 27124
Experience: Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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