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Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 99465
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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i currently have a misdemeanor on my record was never in trouble

Customer Question

i currently have a misdemeanor on my record was never in trouble before and have never been afetr i plead guilty in 2005 because i could no longer afford my lawyer and the judge kept postponing my grandjury minutesi wanted to go to trial and i had already lost one job cause of it i couldnt keep taking off or i would have lost my that time current one   it was a wrong place wrong time situation my question is what can i do to have it removed from my record
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Ely replied 7 years ago.

I need you to do/answer the following so I can answer your question:

1) What state are you in?
2) What was the result - a conviction or def. adj?
3) Was this state or federal?
5) How old are you?
6) Press ACCEPT to continue. Don't worry - I'll still be here to guide you through.
Customer: replied 7 years ago.
ny state
plead guilty
Expert:  Ely replied 7 years ago.
How long ago was this?
Customer: replied 7 years ago.
i plead guilty in 05 i believe possibly 06
Expert:  Ely replied 7 years ago.
You cannot rescind a plea in this case. Your best bet is a motion for new trial, based on new evidence or incompetency of your attorney. Was your attorney appointed or retained?
Customer: replied 7 years ago.
i had a paid lawyercould no longer afford my lawyer then was given a legal aid
Expert:  Ely replied 7 years ago.
I see, then you have to file a Motion for New Trial based on attorney incompetence, saying that your appointed attorney jumped in the middle and did not even have a chance to look over the case before trial...
Customer: replied 7 years ago.
and their is no way to have it expunged?
Expert:  Ely replied 7 years ago.
I can tell you your options on this, but I'd ask you to press ACCEPT. JA works on a trust system, and by now I hope I have demonstrated that I am here to work with you.
Ely and 2 other Criminal Law Specialists are ready to help you
Expert:  Ely replied 7 years ago.
You may be eligible for expungement of records and samples if:

You have been acquitted, or
Your conviction has been reversed or vacated, or
You have been pardoned.

In your case, your only chance is a pardon, since you have missed the deadlined to appeal most likely. You have to contact your Board of Pardons. You definitely need an attorney for this, and expect to pay somewhere around $3k.

Best of luck in your matter! I'm here if you need any more clarification or follow up info.

I hope you found my answer helpful, and if so please click on the GREEN ACCEPT button for my answer. This is the only way for me to be paid for my work. Your question will not close, and you will still have the opportunity to follow-up if and I would be happy to answer any and all of the follow up questions.

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