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My son had an opportunity to write the judge after being convicted

of a third (felony) DUI...
My son had an opportunity to write the judge after being convicted of a third (felony) DUI in order to obtain a suspension of sentence. He sent the letter more than 2 years after his conviction and now the judge says it is too late and he no longer has jurisdiction. Is there anything further he can do to have the felony removed from his open file?
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Answered in 6 hours by:
7/3/2012
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Category: Criminal Law
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Customer reply replied 5 years ago
Yes, please give advice on this question! This is for Minnehaha county in Sioux Falls, SD. I want to know if he has any options now to have the felony expunged or at least put in a closed file. He has had no further legal problems or arrests since serving work-release jail time and paying his fine. He was NOT placed on probation, but was told he could get the suspension of sentence if he had no further problems, as part of his sentencing stipulations.
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Dwayne B.
Dwayne B., Lawyer
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Experience: Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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At this point the only thing that can be done is to seek a pardon from the governor or an expunction/expungement. An expungement can be filed through the court where the conviction occurred but each judge has their own requirements as to what they will and will not allow expunged. You would need to contact a local lawyer to see whether or not that particular judge would be likely to grant the petition.


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