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Nate
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Category: Criminal Law
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Experience:  Over 10 years of criminal defense practice.
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I have a letter from my local prosecutor that states, I

Customer Question

I have a letter from my local prosecutor that states,

"I don't have a problem with you filing a petition with the Court to set aside your conviction. If you file the petition I will consent to it."

Now a little background. I had a check that went bad 2 years ago. It got sent to the prosecutor and I had to appear in court. I went, paid the check and all was done. So I thought anyways. Around 6 months later I was pulled over for speeding and arrested because there was a warrant out for me that I didn't know about. Apparently when I paid the check that day there were other fees that needed paid and I didn't so they issued that. I paid the additional fees that day and walked away. Now, I can't get a job because an arrest is on my record. I felt like it wasn't right and wrote a letter to the prosecutor asking for his help. He responded with what I stated above. Now what do I do next? I have no clue what to file. I went to the court and they said they didn't have forms for this and couldn't advice me on what to do. The prosecutor is WILLING to get this off my record! I just need to know what to file and how to do it so that it will go quick and easily through the court system!
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Nate replied 2 years ago.
Thank you for your question and welcome to JustAnswer.com.

I can assist you with that. The form you need is here

http://www.recordclearing.org/wp-content/forms/Indiana-Record-Sealing.pdf

It comes complete with instructions. File that with the court, send a copy to the prosecutor, and the court will give you a date for a hearing. If the prosecutor agrees, the court will grant your request and your record will be sealed.

As always, I will be happy to follow up with you if you have additional questions. In the meantime, please click ACCEPT so that I can get credit for answering your question. Of course, if you really liked what I could help you with, please consider a Bonus, too!

Thanks!

Nathan
Customer: replied 2 years ago.

Thank you for the form. I could not find that on any of the court websites.

 

I only have one more question after looking over the form. I don't really know what to say for, "State concisely all the grounds known to you for vacating, setting aside or correcting your conviction and sentence." When I first wrote the letter to the prosecutor asking for help I really didn't think anything would come from it. I didn't expect him to respond. In the initial hearing for the check I did plead guilty, obviously I did write the check. However, he had told me that if I paid it then it would be dropped. The issue came from the arrest because I apparently didn't know about some fees I had to pay for. It was more of a misunderstanding mistake. I have never been in trouble and did it on my own thinking it would be simple. Mistake. The prosecutor is willing to set it aside thankfully but I need to make sure everything is filed properly at court level so that it will go through the judge. Do I state all that as my reason? Not really sure what to state for that answer other than the obvious, it is killing me being on my record with me being a medical student. Something tells me that won't be an "official" enough of an answer for the judge.

Expert:  Nate replied 2 years ago.
Just put down "it is permissible by law" in that section. As you are not a lawyer, the court will not expect you to be precise on the law.

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