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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 118087
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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What is needed for expungement?

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What is needed for expungement?

Good afternoon, I am a Criminal Defense attorney and former Prosecutor for the State Attorney's Office. I'll be answering your questions today, please understand this is for informational purposes only, and we do not currently have an attorney-client relationship.

It depends on the state, and it depends on the charge (whether it will be able to be expunged).

I see you're in Wyoming, can you let me know what the charge was? Thanks!

Customer: replied 10 months ago.
Wy stat 6-2-304 ii sexual assualt in 3rd degree, sexual contact without penetration, minor vic less than 14. putting in for reinstatement of rights, am exploring all oppurtunities.
Customer: replied 10 months ago.
Wy Stat 6-2-304 ii was repealed in 2007, replaced with 6-2-315(?)
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am a DIFFERENT CONTRIBUTOR as your previous contributor left.
You are asking for expungement information, were you convicted?
Customer: replied 9 months ago.
I took a cold plea in 2006.
Thank you for your reply.
Unfortunately, if you took a plea, it cannot be expunged. The only two things you can do in this case (the first has a low chance of success) is 1) filing a motion to vacate the plea and seek to get the case dismissed by the court where you took the plea or 2) filing a petition for pardon with the board of pardon and parole to get the governor to pardon you. Once you take a plea you eliminate many of your options you may have had otherwise, so those are now your two options.
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Customer: replied 9 months ago.
either way, I would still need the evidence gathered that says I should not have been charged in the first place

Thank you for your reply.

Yes, I am afraid to vacate the plea based on new evidence showing that you should have never been charged, you need to present that evidence to the court in order for them to vacate the plea and dismiss the charge.

Customer: replied 9 months ago.
ok. good to know thank you.

Thank you for your reply

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Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 118087
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Law Educator, Esq. and 2 other Criminal Law Specialists are ready to help you