How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask P. Simmons Your Own Question
P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 34330
Experience:  16 yrs. of experience including criminal law.
11181181
Type Your Criminal Law Question Here...
P. Simmons is online now
A new question is answered every 9 seconds

This summer I settled a 4th degree misdemeanor assault case

Customer Question

This summer I settled a 4th degree misdemeanor sexual assault case is Jefferson county. I agreed to 26 days in jail with work release. I have no restrictions and wasn't required to register. I'd like to join the military however with a sexual assault conviction I'm automatically disqualified. Is there anyway to reopen this case and have the conviction changed or expunged?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  P. Simmons replied 1 year ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

I am sorry for this dilemma.

I want to make sure I understand...you entered a plea of guilty?
Did the court announce a sentence?

Customer: replied 1 year ago.
I entered a guilty plea and I agreed to 26 days in jail and court fees
Expert:  P. Simmons replied 1 year ago.

thank you

In that case it is too late. That is, once the sentence was announced, it became too late to withdraw the plea. There is not a way, at this point, to go back to court and have this removed.

I am sorry to have to bear bad news

Now....you can still request a pardon from the governor. If you can obtain a pardon, that would remove the conviction (and perhaps be enough to get you into the military)

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 1 year ago.
How difficult is it to get a pardon
Expert:  P. Simmons replied 1 year ago.

Difficult. Very difficult. Typically you have to show some sort of injustice (for example, you did not get a fair shake at trial)

But if the goal is to remove the conviction? At this point that is your only recourse.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Expert:  P. Simmons replied 1 year ago.

follow up,
Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Related Criminal Law Questions