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Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 100031
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I pled guilty to a possession of marijuana with the intent

Customer Question

Hi , I pled guilty to a possession of marijuana with the intent to deliver on august 2011 in west virginia a felony i was given 5 years with it reduced to 18 months on probation I paid all court fees and fines I got off probation when I was scheduled to ..I moved to Virginia in 2014 last month I applied for a job on my application I put that I had a felony and what for .. They did a background check it came back with found guilty in operating a clandestine meth lab Good thing I had my court papers on what I was convicted of this has been so devastating to me i have called all around to find out how to get this fixed on my background no one knows I talked to an attorney in west virginia he keeps saying he is not sure he has to talk to a statepoliceman that is his friend I also wanted that attorney to get my rights back I love to hunt yes I made a bad choice but I have learned my lesson I want to hunt bad ... With everything the way its going its like I am a criminal all of my life and still have things wrong on my background check .... Is there any suggestions you have I would greatly appreciate it thanks Melissa
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) please wait to rate until I ask you to do so. It may take a few replies for me to be able to render an complete answer. I will let you know when I do.

I am sorry to hear about this. The GOOD NEWS is that it is possible to correct the record. The BAD NEWS is that you will need an attorney to do this. An attorney is not mandatory, but, due to complex nature of the situation, you will want one because doing this yourself is going to be next to impossible.

Steps (which can be changed depending on the nuance) on solving the dilemma are below:

1) Figure out WHERE the mistake was made. Did the court make this mistake? Did the West Virginia State Police (the agency that keeps the state's criminal records) make the mistake, or the Court?

2) If the mistake is with the Court, you can file a a Writ of Nunc Pro Tunc, which is a writ asking the court to fix a clerical (rather than a judicial) error. Once this is done and a hearing is held, then the record should be updated with the state agencies;

3) If the mistake is with a state agency such as the police, then you can contact them directly to work out the matter, and if they refuse, one has to file a Writ of Mandamus in Court and explain the situation, and then the Court should render an order to correct the record.

So this is doable. It just takes a bit of work, and the chances of success would be greatly increased by use of an attorney.

Let me know if you need help finding anyone in WV.

I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith by rating me positively.

Expert:  Ely replied 1 year ago.

Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question. I am simply touching base. Let me know. Thanks!