How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask P. Simmons Your Own Question
P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 34307
Experience:  16 yrs. of experience including criminal law.
Type Your Criminal Law Question Here...
P. Simmons is online now
A new question is answered every 9 seconds

My son was convicted in Dekalb c**ty for Selling

Customer Question

My son was convicted in Dekalb c**ty for Selling marijuana,Growing and distributing. He was 18 at the time was growing some plants behind the house for his own use. My understanding is that the local farmer saw the plants. 12 of them if I remember correctly., and notified the local police who notified the narcotics task force. They then set hgim up for a sell. The sell came from an aquaintence of his from town and he went to someone he knew and got some pot for him. He had never been convicted of anything before and they convicted him for a felony. It has effected his life emencly since the and it has been 7 years.Can anything be done? is this considered justifyable conviction. Shouldnt he have been treated as a first time offender and not been given a felony convictin thus ruining his life. Your help will be greatly appreciated.
Submitted: 8 years ago.
Category: Criminal Law
Expert:  P. Simmons replied 8 years ago.
Hello and thanks for the chance to help

Can you tell me, after his conviction, did he file an appeal?

Customer: replied 8 years ago.
No he did not as we did not have the fund to appeal after paying the attorney we used
Expert:  P. Simmons replied 8 years ago.

Your time to appeal has expired

At this point, I'm sorry to have to tell you, your options are somewhat limited.

The Expungement

“Erasing” your legal criminal record in the eyes of the law – or, more exactly, in the file of the Georgia Crime Information Center – is termed “expungement of record.” This is desirable because your criminal record, after age 18, follows you for the remainder of your life. You must answer sincerely XXXXX XXXXX employment application if you have been convicted of a felony unless your record has been expunged. Employers can request a GCIC report when you apply for a job.

While it happens under very limited situations, expungement can every now and then happen after certain events take place. For instance, a minor’s criminal record is sealed – or expunged – when the minor reaches age 18. If you were detained but not convicted, you may apply to have your arrest record expunged so that a potential employer does not see your arrest on your criminal record. Nonetheless, it is not a given right that if you apply for it, expungement will happen.

First, you should get a duplicate of your GCIC record from the police force or sheriff’s department responisble for your arrest and review it. You must show suitable identification, and there will be a small charge. Check the report to ensure it is accurate.

Your record may show that you were under arrest for a crime, but not convicted. The employer would still see this on your GCIC report, so you may apply to have the record expunged.

It is only probable to expunge an arrest record if you have no other criminal charges pending against you and you have not been convicted of the same or a analogous crime in the last five years. To apply for expungement of your criminal record, go to the law enforcement or sheriff’s unit that arrested you and ask for expungement forms. There may be a nominal fee to obtain the forms. You need to know the date you were detained and the misdemeanour for which you were arrested. After you complete the forms and return them to the arresting organization, they will file the forms with the district or state attorney’s office for determination of your case and you will be advised of the outcome.

If you are denied expungement, inside thirty days you can file an appeal with the superior court of the county where you were detained.

Another alternative is requesting to have your civil liberties restored if your crimes cannot be expunged from your criminal record. You can apply for this if you have served your condemnation and you live in Georgia.

A third choice is applying for a pardon if your conviction was in a Georgia court. For this, you must finish serving your sentence and wait five years to apply. During that five years, you cannot have committed any crimes. You cannot have any unpaid fines or have other charges awaiting against you. You can get the application from the Parole Board by calling them at(NNN) NNN-NNNNor see their website. There is no charge to apply.

I know that the options are not so great. I dont believe expungement will apply. I do believe that it is worth a petition to restore civil liberties (right to vote, etc) and may be worth a shot to ask for a pardon. At this point these are the only options

I am sorry

Please let me know if you have questions else please hit the green button, its the only way i get paid
P. Simmons and 2 other Criminal Law Specialists are ready to help you
Customer: replied 8 years ago.
Reply to Philip Simmons's Post: you make reference to Georgia and we are in Dekalb County Illinois
Expert:  P. Simmons replied 8 years ago.

I assumed georgia...there is a dekalb county there as well...oops

Gimme a few minutes ,I need to look that up
Customer: replied 8 years ago.
Okay Thanks
Expert:  P. Simmons replied 8 years ago.
Ok, sorry bout that

For Ill it is as difficult as Georgia:

In Ill; You can expunge your criminal record if you have no convictions. The following types of cases are not convictions:

Cases in which you are acquitted or released without being convicted (including cases in which you have not been charged). Petitions to Expunge may be filed immediately after the acquittal or release without a conviction. Use Form CCCR-0011;
Cases in which the Governor has issued a pardon that specifically states that your records should be expunged. Use Form CCCR-0011;
Cases in which an order was entered terminating probation. At least five years must have passed since the order of termination was entered for the following cases (use Form CCCR-0012):
- Cannabis Control Act (first time offender only)
- Control Substance Act (first time offender only)
- Steroid Control Act
- Alcohol and Drug Dependency Act
Cases other than those listed immediately below in which an Order of Supervision was entered and two years have passed since discharge and dismissal of supervision. Use Form CCCR-0011;
Cases in which an Order of Supervision was entered and five years have passed since termination of supervision. Use Form CCCR-0012 for the following charges:
- Uninsured Motor Vehicle
- Suspended Registration for Non-insurance
- Display of False Insurance
- Scrap Processor to Keep Records
- Reckless Driving
- Domestic Battery
- Criminal Sexual Abuse
- Aggravated Battery of a Child
- Offense Retail Theft

After 7 years its too late for an appeal in most any state, including yours.

SO you will have to apply for a pardon from the governor of the state. There is not another option under the law.

Please let me know if you have questions else please hit the green button, its the only way i get paid

Again, sorry to bring bad news, but that is where you stand.
Customer: replied 8 years ago.
Am I better off retaining an attorney or do I file one of the forms in your reply? If so what one should I submit?
Expert:  P. Simmons replied 8 years ago.
Sorry, the forms listed are examples of types of cases that can be expunged, but I do not believe they will apply in your case...I simply wanted you to be aware of the law in this area.

BotXXXXX XXXXXne, the only shot you have now is to request a pardon from the governor

Related Criminal Law Questions