Criminal Law Questions? Ask a Criminal Lawyer.
Thank you for answering the additional questions to give me a better picture of your son's situation.
I'm sorry to tell you this but the statute of limitations has run out on any recourse he might have had. It would have been hard for him to do something anyway, because by pleading guilty he essentially put himself in the position of not being able to sue for things like malicious prosecution and false arrest. Those lawsuits are based on charges being brought without probable cause, and the courts have repeatedly said that a guilty plea is an admission of probable cause. At any rate, even if he did have grounds for a lawsuit, the statute of limitations (ie the date by which such a lawsuit must be filed or the right to sue is lost) for most civil torts in Montana is two or three years, which has long passed. In terms of procedures to go through with the criminal courts, such as vacating his plea, the time has also passed on filing petitions for that. His record should have been sealed upon his turning 18 or completing his sentence, however, so that should no longer be an issue.
I'm sorry I can't give you better news. I understand you frustration but unfortunately, there are strict deadlines by which someone must exercise their right to sue or lose it completely. Because so much time has passed, he is barred legally from seeking any redress, unfortunately.