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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27447
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I recently paid my attorney to have my record sealed after

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I recently paid my attorney to have my record sealed after successful DUI defense. The prosecutor requested plea because I was not intoxicated.

I was in the belief I had no criminal background. However, my request was denied by FDLE because I was adjudicated guilty in 1998 when I was 19. I was given a ticket for not wearing my eyeglasses. I had forgotten them at home. I thought it was just a ticket so I paid a fine of 120.00. I thought it was like paying a speeding ticket. Since then I have went to college and am now in my 7th year as a healthcare professional. I am going to lose my license because of this.

It has been 15 years every job that did a background check was clear. Is there any possible way to have the 1998 charge reopened? Vacated? can I make reparations community service? Had I known it was a crime I would have hired an attorney back then. Now I am about to loose everything for not wearing glasses one night when I was 19.

As you are ineligible for an expungement this time, then you could minimize the effect of your conviction by getting a pardon from the governor. That will not remove the case from your record but would be official proof from the state's highest political office that you have turned your life around. You can read more about the possibility of a pardon here. (see link)

There is one other possibility besides the pardon, although it is a longshot. It is to to pay a lawyer (don't try to do this one without one) and to have him reopen your case with a view to getting your case dismissed in the interest of justice.

Judges have the power to dismiss a case under their powers of equity, even when the laws itself would deny you a remedy. They are very cautious and sparing in their use of this power, and some will refuse to entertain a petition on these grounds at all. But they will do it to prevent an injustice. And if the prosecutor doesn't oppose it, it is not impossible. You will need to talk to a lawyer about bringing the motion.. He will have to draft it essentially showing why the law under which you were convicted should be ignored at this time. So you might want to have some free or low cost consultations to get a sense of how likely this is to work before you pay a couple of thousand dollars to a lawyer to get this done.

Good luck!
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