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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23578
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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When i was 17 myself and two another were charged in

Customer Question

when i was 17 myself and two another were charged in Missouri with burglary 2 and stealing over 150 do to a drug addition i did not complete my probation and spent eight months in prison i am 52 now and want some how to clean my record
Submitted: 10 months ago.
Category: Criminal Law
Customer: replied 10 months ago.
I have not been i trouble sense
Expert:  Zoey_ JD replied 10 months ago.

Hello,

Unfortunately, you cannot clear your record when your case is not closed. So you would have to return to the court where you violated the terms of your probation and get the warrant against you lifted. Even more unfortunately, when you took the plea to probation, you were told that your failure to honor your agreement could result in your being resentenced to prison.

That means that Missouri is unlikely to roll out a red carpet when you turn back up 35 years later to finally face the music. The court will be more inclined to hold you in jail to give the prosecutor and the court some days to go into archives to find your old case and determine what to do with you.

So, the only way to do this is to involve a Missouri criminal lawyer and let him try to negotiate something on your behalf before you return. I don't know what you were told at the time you took your plea but the maximum possible sentence on a Burg 2 in Missouri is 5 years of prison, and the difficulty is that you took a plea, which means you are to be sentenced. It's possible that after all of this time, given the fact that you have not had any further contact with the law, that the prosecutor would agree to just a hefty fine or community service and that the judge may go along with that, but the state doesn't have to be that generous, because you've already been convicted. So don't think of going back to court unless you first have a lawyer's assistance.

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