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P. Simmons
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Category: Criminal Law
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Experience:  16 yrs. of experience including criminal law.
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In 1981 I plead guilty to a felony under a plea agreement with

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In 1981 I plead guilty to a felony under a plea agreement with the Federal goverment if I would comply with an investigation of two different things. I did comply with their request and was promised they would either drop the case against me or ask the judge to dismiss the case when I went for sentencing. The DA did neither, nor did my lawyer speak up on my behalf. It was clear that if I were to receive the promises made by the goverment to me and my attorney I will have to speak up myself, as I did do and it was not received by the judge as me being cooperative. After thinking about this all these years I realize the I was not treated fairly nor represented properly. This was a white collar crime involving goverment loans and I was sentenced to 5 months and 29 days in a federal camp, not prison. Is there anyway I can file some sort of motion to have this overturned? I am retired now and would like this cleared up if possible. Can you help?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  P. Simmons replied 2 years ago.
Thanks for the chance to assist on this matter. I am an attorney with over 12 years experience in criminal law.

I am sorry to have to bear bad news. Under federal law you have 30 days to file a motion with the court to challenge the verdict/sentence.

So if this happened in 1981, it is too late for a motion.

And federal law does not offer "expungement" or sealing of records.

The only thing available to you, based on what you describe, would be a pardon from the President.

Under federal law, the President has the power to commute (make a punishment less severe) or fully pardon (make the conviction go away)

You can start the process to apply for a pardon here

http://www.justice.gov/pardon/pardon_instructions.htm


You meet the 5 year waiting requirement...so you are eligible to apply.

Not easy to accomplish...but historically Presidents DO grant pardons, typically for meritorious cases. That is, cases where there is a conviction but the facts suggest that the conviction was unjust.

So this is certainly something you can pursue

You would do well to have an attorney with experience in filing them help you



P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 27119
Experience: 16 yrs. of experience including criminal law.
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