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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 115464
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I was charged with a misdemeanor when I was 17. I was giving

Customer Question

I was charged with a misdemeanor when I was 17. I was giving 1 year probation suspended. Near the end of the probation a motion to revoke was filed but I appeared and they withdrew the Motion to revoke. They extended my probation by 6 months so I could finish paying the fine. Now... The problem I have is that the conviction is still showing on my record. It was suspended and completed sucessfully so it should have been dropped. The lady at the court house is arguing that because the motion to revoke was filed that I was converted to a conviction and it will remain on my record. But how can this be if the motion was withdrawn? How do I go about getting this removed. This was back in 1991-1992
Submitted: 4 months ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 4 months 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.

You are correct, if the motion to revoke was withdrawn, that would be like the motion to revoke never happened, UNLESS the judge entered in the record that instead of revoking the probation he was entering the conviction. If the judge did not do that and the record does not state it was done, then the conviction should be dismissed. HOWEVER, either way, if the clerk is arguing with you, then you file a motion to vacate the conviction and in the motion you explain that no revocation occurred and it was withdrawn and the conviction should be vacated and case dismissed. The court is the one that decides, not the court clerk.


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Customer: replied 4 months ago.

OK, what do I need to look for to see if the judge entered the conviction? I will be heading to the court house in the next day or so to go thru the history of this case.

Expert:  Law Educator, Esq. replied 4 months ago.

Thank you for your reply.

It will state in the record "Motion to Revoke" granted or "Conviction affirmed" or words to that effect would show in the case file.

Expert:  Law Educator, Esq. replied 4 months ago.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page , as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.