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How do I get a non-criminal record expunged? (Please help me with my case!)

Denver, CO |

I was "adjudicated as mentally defective" in June of 2012 after I admitted myself to the VA hospital. I never had a chance to say I would stay their voluntarily, so the hospital sent a letter to my county, which made the adjudication. Six months later, I was let go by my employer because I had lost my Top Secret clearance.

When I asked the government's OPM why, they said it was because of the adjudication. I had never known about this until I lost my job, since I was only in he hospital for 8 days. I never had a chance to defend myself in court either.

How can I petition to have this removed?

I've contacted 33 lawyers and the ACLU to try to find someone to help me, but no one has, so I don't expect any lawyers on this site to respond to this (Even though I do have money)

It should be worth noting too that the VA had me on 8-10 psychiatric drugs at the time I was hospitalized. I felt that the meds were causing the issues, and I stopped taking them after I got out, and VA medical records clearly state that my conditions have gotten MUCH better since then. I don't think my work career should go down the drain due to medications that severely altered my behavior. Just talk to me and you'll clearly see I'm not crazy and that you have a good chance of winning this case. Don't be scared of this case! I know many layers don't want to take it because it isn't criminal, and they'll have to do a lot of research on mental health laws. Can I file a petition or appeal? Please help a Marine Corps OIF Veteran!

Attorney Answers 3


Not sure what "adjudicated as mentally defective" means exactly but would be more than happy to speak to you about doing some research into whether you can get some relief.

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Take up Mr. Gerash on his offer. I don't think this has anything to do with money and you paying the attorney. I think that you are just raising an issue that most of us, if not all of us, have not seen before. I have not seen it in 24 years as a judge, prosecutor, and private attorney. Expungement in CO applies to juvenile records and sealing applies to adult criminal records. So, this is a weird and unusual case. Any attorney that you hire will need to do significant research to see if the case can be expunged.

The information provided in this answer does not create an attorney-client relationship. If you are interested in his legal services, feel free to call Chris at (303) 409-7635 at his law office in the Denver Tech Center. All initial consultations are free of charge.

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Give either one of my colleagues a call -- they are excellent attorneys with experience in the criminal justice system.

In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.

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