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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 116761
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Is there any way I can fight this to get it expunged Cam I

Resolved Question:

Is there any way I can fight this to get it expunged? Cam I write to a senater or the judges from the sopreme court? Or someone that can over turn this or help me with this isue, because due to home land defense, I can not get a good paying job?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 6 years ago.
The President cannot help with a state crime. GA, FL, VA and NC are four of the WORST states about expungements . You can file a new motion for expungement with the court and argue your case and your pardon, but if the DA fights you again, I am afraid there is nothing else you can do and a senator or the president cannot interfere with the judicial branch under Constitutional separation of powers as they are the legislative and executive branches and the GA law limits expungements severely and it is up to the judicial branch to decide whether or not to grant it under GA law. If the GA court is not following the law, which they seem to be based on what you have said and based on the fact that a pardon under GA law does not guarantee an expungement, then you can file an appeal if they turn down your next motion for expungement.

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Customer: replied 6 years ago.
Is there any way that I can expunded this, can I write to someone about getting an explungement. I have written to the President of the United States, never got a response, I also wrote to the late Senater Kennedy nothing yet. Can I write to the supreme court judges which are the ones who make the laws to see if they can help me in any way? I can not afford a lawyer, due to I am on a fix income. Is there a way I can write too about my situation?
Expert:  Law Educator, Esq. replied 6 years ago.
You are upset about this and understandably so. Usually most employers accept pardons to overlook criminal records. However, the US Supreme Court has no jurisdiction and you cannot just write them. Again, senators and the president CANNOT HELP. I would hope you do not get a response from the late Senator Kennedy, since he is dead it would likely be a forgery at this point.

The ONLY chance you have is filing a new motion for expungement and then if the court denies you again, you immediately file an appeal to the court of appeals and then you can take it to the GA Supreme Court. You cannot just write letters, you must file a motion with the court. You can also call the state bar and ask for the pro bono attorneys to represent you in this matter.
Customer: replied 6 years ago.
Do you think what are my chances of getting this explungement resolve? The employers that I have appy for work, have denied me, they do not care I have a Pardon. And as a example, do you think the President read my letter? Can you explain what is a pro bono attorney? And I have to call the state of Georgia to get this pro bono attorney?
Expert:  Law Educator, Esq. replied 6 years ago.
No I do not think the President read your letter and even if he did it will not get a response because it is not in his power. A pro bono attorney is a free attorney who volunteers to help people who cannot afford an attorney. You call the GA Bar Association and they will have a list of those attorneys to help you.
Customer: replied 6 years ago.

Sir, When President Bill Clinton was in power he gave clemecy to many people, I understand what you stated about certain things the President can not do. I thought the President can give me a clemency, due to my charge was for a plea of lesser charge of simple possession of cocaine , which is stupid. after 18 yrs, and I have not commint any crime. Also you think it would help getting signatures of people who know me well enough can help also in this matter? I am very disappointed in the law system of this country, my brother wrote a statement, taking full responsiblity that I had no knowledge of the drugs in the car, when I made a plea bargin was my lawyer at the time told me to do so. that he explain this was not going to hurt me in any way. Never in my life I was ever arrested, landed in a detention jail, and no where to turn too.

I also would like to ask you, I was a security officer working and the state of New York appove me and gave me a license, in 1994, now three yrs ago, I apply and was denied. for security guard.Which I do not understand. I was fingerprinted and was send to the F.B.I. in 1994, I took the plea in 1992, can you explain this to me please.

why they denied me now? What can I do?

Expert:  Law Educator, Esq. replied 6 years ago.
The President can give a pardon only for federal crimes, not state crimes. The petition doesn't help with the court like it did with your pardon. If your brother took full responsibility, then this is ground to argue the expungement and even appeal it if denied, but that is your ONLY REMAINING RECOURSE.

I cannot tell you why NY allowed you a security license back in 1994, but I can tell you the laws have changed since then, but the pardon should not legally preclude you getting such a license again because a pardon restores your rights and disabilities (except firearm unless the pardon specifically restored firearm rights).
Customer: replied 6 years ago.
Can I try to get a fire arm license in New York with my pardon? Would they give me any problems?
Customer: replied 6 years ago.
Can i go for my fire arm license in New York with the peadon i have, would they give it to me. Due that it is not in Georgia. And can apply also a a license in fire safety in New York. Or do I have to apply for a specifically pardon to restore my firearm rights?
Expert:  Law Educator, Esq. replied 6 years ago.
I would need to examine your pardon, it should say "with full restoration of rights" and if it says that then that means your firearms rights were restored.
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Customer: replied 6 years ago.

I recently recieved a pardon from Ga. the charge was Simple Possession of cocaine. I was sentenced to 3 years, did 5 months and was released with time served on 11/09/92. I was given no parole, probation or any legal fee's. In the pardon on the 3rd paragraph it states without implying innocence, hereby unconcitionally fully pardons said individual and is hereby ordered that all disabliities under Ga. law resulting from the above satated convictions and sentence as well as any other Ga. conviction and sentenceimposed prior there to be each and all reomoved. Orther futher that all civil and pollitical rights, except the right to recieve, possess or transport in commerce a firearm lost under Ga. law as a result of stated conviction, are hereby restored.

does this mean that only in Ga. I cannot have a firearm only in Ga.,or does it mean in all the states. .

I also want to know if I can reapply for my Security guard Liscense . In 1995, 21/2 years after this incident I was given a liscense. I tried to renew it in 2007 and was given problems by Homeland Security. Can they deny me even with this pardon. I applied for a job in a pawn shop and was denied because of this incident of over 19 years. Can they legally do that. I have had on other incidenst since then. I am also having a simular problem with immigration. I am waiting for the final out come on my citizenship application. I have been waiting since 1/05/11. they told me 10 days and it is now 20 .

My last question is can you explain again how to go about an apeal on a denied application for expungement

All of these things have me very depress, and block me from moving foward and making a better life for me and my family. Thank you

Expert:  Law Educator, Esq. replied 6 years ago.
No, the sentence that says your right to "receive, possess or transport...firearms" means that under Federal law you cannot have a firearm as well as under the law of every state including GA.

You cannot be an armed security guard because you cannot have a firearm. This is also grounds for the pawn shop to deny your employment. The immigration case may be delayed because of the charges, but because you were pardoned it would not be an absolute bar.

The court is not going to expunge your case, even on appeal because your appeal did not fully restore your firearms rights. You need to apply again for a pardon and specify that you are seeking a pardon for the restoration of your firearms rights. Until you get the pardon restoring those firearm rights the GA court will not consider the expungement.
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