Criminal Law Questions? Ask a Criminal Lawyer.
My name is ***** ***** I would be happy to try to help you with your legal problem today. I do need a little more clarification on what occurred and what you are requesting however before I can give you a full picture of your options. Would you be able to provide me with more details as to the issue?
I see. So are you asking about possible expungement as a result of the plea? If so, were you sentenced under the First Offender Act?
Before plea and sentence, you or your attorney must have asked for you to be sentenced under the First Offender Act and the judge must have agreed.
It appears that the judge did not make any decision, but instead put off the decision.
Typically, a judge's denial cannot be appealed, however, since you requested, and the judge refrained from deciding, you can apply for first offender status based upon the procedural flaws in your sentencing.
Because the process seems to have been handled improperly, it's probably not something you can handle on your own. You may want to consider retaining an attorney.
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