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Nate, Lawyer
Category: Criminal Law
Satisfied Customers: 10686
Experience:  Over 10 years of criminal defense practice.
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I need a sample letter to write a judge to dismiss a conviction

Resolved Question:

I need a sample letter to write a judge to dismiss a conviction i was sentenced to 5 yrs probation back in 2006 the reason i need a dismissal is my conviction is in the state of New York and NY is one of the few states that doesn't do expungements or first time offender programs
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Nate replied 5 years ago.
Thank you for your question.

Before I answer your question, who told you that writing a letter to the judge could result in the dismissal of your case?
Customer: replied 5 years ago.
When I called the court to get case number XXXXX judge's name I asked the clerk if New York had a first time offenders program she told me no what they have is certificate of release from civil disabilites that i can get after completing my probation after doing some reasearch on the state website with that ceritificate the conviction would stay on my record and i would just have to present it to employers it doesn't garuantuee employement employers make there own decisions after that. I called the clerk back and asked her is there is anything else that can be done she said i can try to write the judge a letter to see if would dismiss the case I'm done with probation infact NY let me off two months early back in June of 2011 i haven't got into trouble while on probation and my probation officer here in Georgia said he would give a charactor letter if need be. Another thing is I grew up in NY went to private school in Greenwich CT at the time it happened i was living in Georgia so i served my 5yrs probation in GA

This is what i got so far

September 27, 2010

Dear Honorable Judge [left is name out but i have it]

I am writing you today after completing my sentence of 5 years probation handed down by you on July 3, 2006. Remorsefuly, I am asking for your reconsideration in the conviction of the class E felony and possibly dismissal of the case. For the last 5 years, I have had to live with bad dession i made on the day which was totally out of character of me after previously not having any proir convictions or run ins with the law. The impact of my bad judgment has effected my life entirely since then i have been barred from employement and unable to renew my used auto dealers license
Expert:  Nate replied 5 years ago.
Court clerks do this - they offer legal advice. The advice they offered is wrong. The judge cannot legally dismiss the case at this point. You can petition to get your rights restored because there is a law in the New York code that allows it, but there is no chance of getting the conviction dismissed because the law does not allow it. The judge would potentially be impeached and kicked off the bench for doing something like that.

I know that's probably not the news you preferred to hear, but I'd rather be straight-up about your situation so that you don't unnecessarily waste your valuable time and resources.
Customer: replied 5 years ago.
how do i go about a petition is there a form i can get or paper work to file with the courts?
Expert:  Nate replied 5 years ago.
That would be the "certificate of release from civil disabilities" the clerk mentioned. They can provide you with the form the court uses.
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