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i currently have a misdemeanor on my record was never in trouble

Customer Question
before and have never been...
i currently have a misdemeanor on my record was never in trouble before and have never been afetr i plead guilty in 2005 because i could no longer afford my lawyer and the judge kept postponing my grandjury minutesi wanted to go to trial and i had already lost one job cause of it i couldnt keep taking off or i would have lost my that time current one   it was a wrong place wrong time situation my question is what can i do to have it removed from my record
Submitted: 8 years ago.Category: Criminal Law
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Answered in 1 minute by:
7/2/2009
Criminal Lawyer: Ely, Counselor at Law replied 8 years ago
Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 102,694
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Customer

I need you to do/answer the following so I can answer your question:

1) What state are you in?
2) What was the result - a conviction or def. adj?
3) Was this state or federal?
5) How old are you?
6) Press ACCEPT to continue. Don't worry - I'll still be here to guide you through.
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Customer reply replied 8 years ago
ny state
plead guilty
state
27
Criminal Lawyer: Ely, Counselor at Law replied 8 years ago
How long ago was this?
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Customer reply replied 8 years ago
i plead guilty in 05 i believe possibly 06
Criminal Lawyer: Ely, Counselor at Law replied 8 years ago
You cannot rescind a plea in this case. Your best bet is a motion for new trial, based on new evidence or incompetency of your attorney. Was your attorney appointed or retained?
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Customer reply replied 8 years ago
i had a paid lawyercould no longer afford my lawyer then was given a legal aid
Criminal Lawyer: Ely, Counselor at Law replied 8 years ago
I see, then you have to file a Motion for New Trial based on attorney incompetence, saying that your appointed attorney jumped in the middle and did not even have a chance to look over the case before trial...
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Customer reply replied 8 years ago
and their is no way to have it expunged?
Criminal Lawyer: Ely, Counselor at Law replied 8 years ago
I can tell you your options on this, but I'd ask you to press ACCEPT. JA works on a trust system, and by now I hope I have demonstrated that I am here to work with you.
Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 102,694
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Criminal Lawyer: Ely, Counselor at Law replied 8 years ago
You may be eligible for expungement of records and samples if:

You have been acquitted, or
Your conviction has been reversed or vacated, or
You have been pardoned.

In your case, your only chance is a pardon, since you have missed the deadlined to appeal most likely. You have to contact your Board of Pardons. You definitely need an attorney for this, and expect to pay somewhere around $3k.

Best of luck in your matter! I'm here if you need any more clarification or follow up info.
---

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You can always request me through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 or by beginning your question with “This Question is for Eli - ”
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Ely
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Ely, Counselor at Law
Category: Criminal Law
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