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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 112657
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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While my son was in gh school he stayed out all night after

Customer Question

While my son was in high school he stayed out all night after turning 18. As concerned parents, we called the local authorities to seek advice regarding how to handle our son's disregard for house rules. As a result of our call two officers arrive up at our home to speak to our son. Initially we thought they were there to support us and educate (and yes, maybe even scare) our son into following his parent's rules. My son was verbally disrespectful to the officers and they arrested him on several charges - from criminal trespassing (in his own home?), cruelty to children x two - allow child to witness act (his two younger sisters were listening to his cussing), to aggravated assault and simple battery for family violence (he threatened his dad when his dad approach him to 'spank' him). Now, six years later and a university graduate, he is unemployable. Not as a result of the misdemeanor for Reckless Conduct that he pled guilty to at the recommendation of his lawyer, but because of the trumped up charges that were written so that something would 'stick' in court to teach my son a lesson. My son appealed to the court to have the charges removed, expunged and/or sealed but was denied because of the resulting conviction. Is there anything he/we can do to improve the situation? We did not understand the implications of settling the charges. Will the trumped up charges that happened two weeks after his 18th birthday continue to impact his employment and family future?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Unfortunately, the only thing he can try to do at this point is that he would have to seek to file a motion to vacate the conviction in the court, to get the reckless conduct conviction vacated. The court may vacate for good cause. If the court vacates, then he can get the charges sealed and not disclosed. The only other thing he can do if you cannot get the court to vacate the conviction is that he would have to apply to the governor's office of pardon and parole for a governor's pardon, which would then allow him to get the record sealed (if your state does allow the governor to pardon misdemeanors).

This means you need to get him a local attorney to represent him to try to first vacate and then try to get the pardon if that fails. The motion to vacate is not a guarantee, but it is the only chance he has at getting a normal life back.