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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 16264
Experience:  Active member of the NYS bar since 1989
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got charged with strong arm robbery,when i was 20 years old.

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got charged with strong arm robbery,when i was 20 years old. i lent this man money and he went a very long time dodging me and wouldn't pay me back, so i met up with him,we went round and round and i took the money he owed me. he pressed charges on me and little did i realize what i got myself into, i was arrested and charged with a felony. this ruined my life . i am almost 66 years old and retired worked every day of my life .i have been married for 43 years own our home, children and grand children and have lived a prosperuos life. now all i want is to do some traveling with my wife and live the rest of my life with a clean record i have paid for this so dearly every single day of my life i wish i was free. So do you think it is possible to get my record ANOLD. Walter XXXXX

Submitted: 9 months ago.
Category: Legal
Expert:  Zoey, JD replied 9 months ago.

Hello,

My name is XXXXX XXXXX I am an experienced criminal lawyer.

Unfortunately, assuming yours was a New Hampshire felony, your state is not generous when it comes to wiping an offense off of your record. Only a very few minor criminal matters can be expunged. The rest can be annulled if you wait long enough, but not if your offense is considered to be a crime of violence, which yours would be.

That leaves you two options. The first is to apply to the governor of your state for a pardon. While pardons are usually a longshot, if you have been out of difficulty with the law for 43 years. you would have a far better chance at a pardon than the overwhelming majority of applicants. Pardons are free and are always worth applying for. Although it doesn't erase your record, it would still be official proof that you turned your life around. The form is not on the web. You would have to request it from the Governor's Office here:

Department of Justice
33 Capitol Street
Concord, NH 03301

A very expensive remote possibility might be to hire a lawyer to get your case before the judge and petition for it to be dismissed in the interest of justice. This would not be supported by the penal and procedural laws in your state and also the petition would have to come before the very same judge who presided over your case, so it may be a longer than longshot. However, a judge always has power under Equity to grant a petition like that even when the law doesn't provide for it, if it is necessary to prevent an injustice from occurring. So with a particulary compelling argument, if the judge is willing to hear the petition in the first place, it could happen for you. It seems to me that after 43 years of living an exemplary life, a lawyer may be able to persuade the judge to at least hear the argument.

Courts are sparing in their use of the equity power and many judges will not touch this at all, but it is something you could explore with a local criminal lawyer who would be able to tell you how viable this would be with your particular judge and whether it would be worth the money you'd have to lay out to get it done.

I wish you luck.

Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 16264
Experience: Active member of the NYS bar since 1989
Zoey, JD and 5 other Legal Specialists are ready to help you
Customer: replied 9 months ago.

if i remember, the judge was pretty old. when this happened. he is probably dead by now .so i guess ill have to live with this,till i'm dead also. if i could ask one more question, is it possible for me to get a passport?my wife and i have dreamed of traveling when she retires. i am so sick over this ,it feels like it happened yesterday.i'm so sorry i wish i could be born over again. a reply would be nice. THANK YOU so much . yours truely Walter XXXXX

Expert:  Zoey, JD replied 9 months ago.
No, NO!

You should still ask about it as it will go back to the judge who is now sitting in his court. Your chances don't die with the judge. In fact, you may have a better chance with a different judge.

It may come down to whether the complainant is around, because if he is still alive and reachable, the prosecutor will oppose the petition if the man has any objection. But after all this time, they may not even be able to find him.

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