Criminal Law

I was convicted of a sole felony criminal trespass (upon my…

Customer Question
I was convicted of a...
I was convicted of a sole felony criminal trespass (upon my own legally entitled property and established residence of nine years prior) back on March 29, 1990. However, through rumors I'd recently heard, allegedly my criminal records contain five separate felony convictions.... Read full answer
I was convicted of a sole felony criminal trespass (upon my own legally entitled property and established residence of nine years prior) back on March 29, 1990. However, through rumors I'd recently heard, allegedly my criminal records contain five separate felony convictions. Thus, I acquired both my CBI and NCIC reports - and this rumor turns out to be factual. For example, one entry is for a violent felony menacing conviction (1997) by jury trial, and in which I was sentenced to prison for six years. Funny - but I haven't any recollection of that incident. In fact, I was attending graduate school at the University of Colorado at that time. But the henchmen and women of The Evil Totalitarian Empire of Jefferson County, Colorado have a blood-lust for vengeance against me.

In an attempt to rectify these "clerical errors" I petitioned the jurisdictional district court to hold a hearing upon this matter, and to order the removal of all the creative writings. Instead, my motion was denied "for lack of jurisdiction." As the judge explained to me in a letter, the court disposes of jurisdictional authority when a seven year period of inactivity exists. Now, I want to file a Petition for a Writ of Mandamus with the Colorado Court of Appeals to re-establish jurisdiction in the district court. Is this action appropriate?
Submitted: 7 years ago.Category: Criminal Law
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 5 hours by:
12/14/2011
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 7 years ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 36,747
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Verified
Hello,

Don't waste your time. Somebody with the same name, or somebody who once used your name as an alias got himself convicted of a crime. And you will always have this problem, because while you can potentially expunge your own record , you can't clear somebody else's.

This happens more times than you think and can be particularly pesky when the other person has disappeared and there is a fugitive warrant out for his arrest. At least this person had the foresight to resolve his case.

The way to get around this -- and it's probably less troublesome with an attorney and he can cut corners - would be to go to the prosecutor's office in the county where this other person got his conviction. Explain that this record is not yours, and what you want is a "Not Me" letter. That's an official letter signed by the prosecutor on official letterhead that you are not the person convicted of this crime. Keep it safe and make a copy, as you will likely have to show it now and again throughout your life.

You might call the prosecutor in advance so that they can order the file from archives. But you will have to go there in person when the file is there. Bring proof of your identification -- official photo ID. As this person is not you, his photo and his prints should not match yours. (You will likely have to be printed). On the basis of that, the prosecutor should have no difficulty attesting to the fact that you are not the same person who was convicted of the felony.

If there is more than one case, and this has happened in multiple jurisdictions, you'll have to go to each prosectutor's office separately to repeat the process. But there is no better proof that these charges are not yours than having a letter clearing you of them by the person who handled the prosecution of the real defendant.

Good luck.

Ask Your Own Criminal Law Question
Still looking for an answer to your question? 
Similar Q&As
I have a felony conviction in NC and would like to restore
I have a felony conviction in NC and would like to restore my firearm rights. However, I do not live in that state and the form I found is for local state residents. Where can I find a form (similar t… read more
Jonathan Holson
Jonathan Holson
JD
629 satisfied customers
I have a conviction for cds possesion CJIS Code:4 3550 in
I have a conviction for cds possesion CJIS Code:4 3550 in maryland. It states not marijuana. . The problem it was marijuana. It is affecting my gun rights.Attempted to purchase a handgun and received … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,767 satisfied customers
My husband has an old drug felony of cocaine from 1993 in
My husband has an old drug felony for possession of cocaine from 1993 in Colorado. He completed his probation years ago and has been clean since than. He has a good work history and credit history. We… read more
Colleen Grady
Colleen Grady
Assistant Principal,
Juris Doctor
405 satisfied customers
Stop searching for answers—
I have had my record expunged under the first offenders act
I have had my record expunged under the first offenders act in the state of Arkansas for over 3 years now. I went to buy my son a .22 for his birthday and was denied the purchase due to "being a convi… read more
Delta-Lawyer
Delta-Lawyer
Doctoral Degree
3,510 satisfied customers
I am an ex -felon that has served all time and probation
Hi I am an ex -felon that has served all time and probation years ago(over 10) . I want to know if I have the right to own a gun?… read more
Sam
Sam
Attorney,
Doctoral Degree
10,701 satisfied customers
For CrimDefense or whomever else if unavailable... Hi. This
For CrimDefense or whomever else if unavailable... Hi. This is follow-up to my 4/9 and 4/22 questions. Recently I wrote up a "petition for writ of prohibition" which just two days ago I then filed wit… read more
Legal-Guru
Legal-Guru
Attorney at Law,
Juris Doctorate
1,354 satisfied customers
Get a personalized answer to your question. 
colorado law: i got a misdemeanor for shoplifting and class
colorado law: i got a misdemeanor for shoplifting and class d felony for forgery of my first name to a store credit receipt. my probation office said it would be dismissed after 10 years and it has be… read more
joelaws8
joelaws8
Doctoral Degree
390 satisfied customers
I was convicted of a misdemeanor in LA county in 1991. I have
I was convicted of a misdemeanor in LA county in 1991. I have had to LiveScans done for the school district (volunteering) and for a Children's home (volunteering with foster youth) and they said noth… read more
LegalEagle1
LegalEagle1
Attorney,
Doctoral Degree
751 satisfied customers
Hey my name Charles Coker. I was charged with felon possession
Hey my name Charles Coker. I was charged with felon possession of drugs. There were no guns involved and it was 8 years ago Colud I get my gun rights back, just to be able to hunt don't care if I can'… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
35,255 satisfied customers
Still looking for an answer to your question? 
Ive been arrested and charged with a third degree felony,
I've been arrested and charged with a third degree felony, but never convicted. Can I be discriminated against for employment purposes? In other words, can a potential employer use it as a reason not … read more
Delta-Lawyer
Delta-Lawyer
Doctoral Degree
3,510 satisfied customers
I have a conviction in the State of Colorado from 2004. I
I have a conviction in the State of Colorado from 2004. I received a deferred sentence of 4 years for a felony which was dismissed after that time period and a sentence of five years probation for a m… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor,
Doctoral Degree
36,747 satisfied customers
I currently applied for a volunteer position at my local high
I currently applied for a volunteer position at my local high school. My fingerprints from Colorado Bureau of Investigations came back with the following results: resisting arrest (pleaded guilty - re… read more
legaleagle
legaleagle
Attorney,
Doctoral Degree
7,048 satisfied customers
Stop searching for answers—
I am having trouble with my paperwork for sealing a record.
I am having trouble with my paperwork for sealing a record. The arrest was in Jefferson County, but the warrant and court were in Denver. Neither Denver nor Jefferson can locate the arrest record or r… read more
dkennedy
dkennedy
Attorney,
Juris Doctorate
3,122 satisfied customers
My son recieved a posseion of cannabis ticket when he was 16.
My son recieved a posseion of cannabis ticket when he was 16. He completed all of the court ordered community service, went to a class and paid the fine. He is now 18. I am wondering if it will still … read more
legaleagle
legaleagle
Attorney,
Doctoral Degree
7,048 satisfied customers
I BEEN COVICTED OF A FELONY IN 1994 IN COLRADO SPRING IM I
I BEEN COVICTED OF A FELONY IN 1994 IN COLRADO SPRING IM I CONNETICUT NOW WHAT DO I HAVE TO DO TO GET AP PARDON I WANT TO BE COME A POLICE OFFICER I WAS YUNG AND DUM CAN SOMEONE HELP ME WITH ADVICE TH… read more
David Weilbacher, Esq.
David Weilbacher, Esq.
Doctoral Degree
335 satisfied customers
Get a personalized answer to your question. 
In 1975 I was convicted of 2nd degree murder, I did all my
In 1975 I was convicted of 2nd degree murder, I did all my time and was release in 1996, after several years out of prison, I was told by my county District Attorney, that I had to register as a sex o… read more
Jim Reilly
Jim Reilly
Private Practice Attorney,
Juris Doctor
1,759 satisfied customers
When an appellee case has been mandated back to a lower court due to recusal by the press
in 1989 my judge over my jury trial,did not follow the jurys recomindations,and without any prior convictions,sentenced me to 2yrs, imprisonment,2yrs probation,and 1600 in restitution.All was done out… read more
FloridaLawyer
FloridaLawyer
Attorney,
Doctoral Degree
737 satisfied customers
my brother plead guilty to attempted assult. he has a 5th ...
my brother plead guilty to attempted assult. he has a 5th degree felony (i think it 5th....the lowest degree anyway). This happened april 28 2003. can he get this removed from his record? it is keepin… read more
Law Educator, Esq.
Law Educator, Esq.
131,934 satisfied customers

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).

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,251 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,426 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

2,301 satisfied customers

Experienced in multiple areas of the law.

Nate

Nate

Lawyer

2,054 satisfied customers

Over 10 years of criminal defense practice.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Marsha411JD

Marsha411JD

Lawyer

1,660 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

Barrister

Barrister

Criminal Defense Law

1,431 satisfied customers

19 years practicing criminal defense.

< Previous | Next >

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).

Show MoreShow Less
Ely, JD

Ely, JD

Criminal Lawyer

More than 20 years of experience in Criminal Law

57,467 Satisfied Customers

Pearl avatarPearl, Assistant