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RobertJDFL
RobertJDFL, Lawyer
Category: Criminal Law
Satisfied Customers: 12839
Experience:  Experienced in multiple areas of the law.
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I plead guilty to a misdemeanor of resisting arrest in the

Customer Question

I plead guilty to a misdemeanor of resisting arrest in the state of Missouri. I have had no convictions prior to this charge nor have I had charges after this arrest. I plead guilty because I was scared of the police men that did this to me and as well when the charge was brought up almost a year later I lived in New Hampshire and did not have a way to make it to to face this. I was too scared anyways. I was in a relationship which I had prior to calling the police called the ambulance a month before because their was abuse taking place at the home. Mental cruelty and sexual. When I called the ambulance they took me to the hospital and at the hospital they advised me to get out of the relationship I was in. I didn't want to go to some shelter so I stayed in the situation. A month or so passed by and the abuse happened again. I called 911 for help. I made the phone call. When the police arrived to the old house the man I was staying with lived. There was only a mattress in the entire home. I was crying on the mattress. The man i was in the relationship ran out the door as soon as the police showed up. I was sitting on the mattress crying. One officer stayed outside with the man I was dating at the time. The other came in and told me that I was arrested to stand up and turn around i was under arrest. I looked at the officer with tears in my eyes and said sir there has to be be a misunderstanding. I am the one who called the police for help. he repeated stand up your under arrest. He was pure mean. I stood up and turned around but i was so scared. I was 1 female in this dark home in the country and there were three grown men and just me. I was hesitant in putting my hands together when i turned around. I was very scared because of how i was being treated and didn't understand why. next thing i knew another officer came in through the door and taxed me. I flopped on the ground like a fish. I lost complete control of my bladder and wetted myself. they took me to one officers vehicle but before putting me in the back of the vehicle they took out the prongs from where they tazed me. I then was taken to the jail holding area. pictures were taken and i was released 3-5 hours later. It is now a little over six years since all of this has happened. my original attorney told me to plead guilty and it would only be a misdemeanor charge to not worry, but i have went my entire life and never had a problem getting a job and now this misdemeanor has messed with my future. I want to reopen this case and I just want justice and resolution. I decided its time to stand up for what is not right. I developed sever ptsd from this and i am afraid of cops because I called them for help but they turned on me. I also have shoulder problems in my left shoulder blade from where the prongs went into my back. I just want justice on this and I want this to stop getting in the way of my present and future life. Employers are not hiring me because of the advice i took from my attorney. I pray that an expert attorney can respond to this that is not only intelligent but has compassion and understanding and that can give me the best advice in moving forward. I want to be the best person I can be but my past is haunting me and I have to face this and do whatever is possible to make this just and right. Thanks for listening.
Submitted: 10 months ago.
Category: Criminal Law
Expert:  RobertJDFL replied 10 months ago.

Thank you for using Just Answer.

I am sorry to hear about what happened to you. Unfortunately, too much time for you to be able to appeal this case. And unfortunately, under Missouri law, you cannot legally seal/expunge the record, as Missouri law only allows persons to do so when charges have been dropped or a person was found not guilty.

You could seek to file an application for executive clemency, however. While those are rarely granted, and an application that is granted will not expunge your record, you would be allowed to tell people (like employers) that you were granted clemency from the Governor.

I realize the news isn't what you want to hear, but it would be unfair to you and unethical of me to tell you less then the truth.

If I may be of further assistance or you need clarification please reply and I'll be happy to assist further. Thank you

Customer: replied 10 months ago.
Not happy with the answer. Your saying this 1 time misdemeanor charge cannot even be expunged. I have no prior charges on my record.
Expert:  RobertJDFL replied 10 months ago.

I understand that you may not be happy with the information provided, but I can only tell you what the law says. I cannot change it. Expungement laws vary by state, and Missouri is quite tough. I've cited the relevant statutes below for your reference.

Your arrest record is eligible for expungement -- meaning that it will be destroyed or erased -- if the arrest was based on false information and all of the following statements are true:

  • there was no probable cause to believe you committed the crime
  • you were not charged with a crime
  • you have no prior or subsequent misdemeanor or felony convictions
  • you did not receive a suspended imposition of sentence for the offense, and
  • no civil action is pending related to the arrest or records you want to expunge.

(Missouri Revised Statutes § 610.122.)

Your arrest record may qualify for closure -- meaning that it will be hidden from public view -- if you were arrested and charged and one of the following conditions applies:

  • the charges were dropped (nolle prossed)
  • the charges were dismissed
  • you were found not guilty, or
  • imposition of sentence was suspended.

(Missouri Revised Statutes § 610.105.)

That is why I said you can seek executive clemency. It's admittedly a long shot --most Governors grant very few requests for clemency/pardons --but you have nothing to lose by applying for it, and there is no fee involved.

Customer: replied 10 months ago.
Does it make a difference if the sentence date wasn't until 6/4/2012. That means it was 4 years ago since I took the guilty charge. I never was in the court room. I lived in another state. My attorney said I would not be effected by this when it came to careers. I was lied too because it has impacted and effected my entire life and the course of it.
Expert:  RobertJDFL replied 10 months ago.

Sorry for my delayed replied. I ran out to get something to eat.

Unfortunately that does not change anything, because the law still still allow an expungement or closure of your record as you were found guilty. You definitely got some very bad advice from your lawyer, because they should have told you that even a misdemeanor --no matter how minor -- can have an impact on you.

One thing you might do (although I don't know if too much time has passed to do so now) is to file a bar complaint against the lawyer who represented you. It won't change anything with your record, regrettably, but they should have been more responsible in handling your case with the advice they gave you.

Expert:  RobertJDFL replied 10 months ago.

If you need clarification or additional information, please reply and I'm happy to assist further. Otherwise, kindly remember to leave a positive rating by clicking on the stars/happy faces before signing out, so I am credited for my time and assistance today. Thank you!

Expert:  RobertJDFL replied 9 months ago.

Just following up with you. Did you need clarification or additional information about my answer? If so, please reply, I'm happy to assist further. Otherwise, please remember to leave a positive rating for me by clicking on the stars, as experts are not employees of this site and we are only paid if you leave a positive rating. Thank you.