Have Legal Questions? Ask a Lawyer Now.
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
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 Justice33 Capitol StreetConcord, NH 03301A 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.
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
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).