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I pleaded guilty to dv after my gf falsely accused me, is there anyway to take it back?

Chatsworth, IL |

My gf has had me arrested twice on false charges of domestic violence. The first time was over two years ago and I had never been arrested before so I pleaded guilty to get out of jail. The second time was 02/2012 and I sat in jail for 3 weeks because the judge refused to lower bail or give a pr bond. I didn't want to spend 6 months in jail fighting a crime that would only have me serve 2 weeks. I only had a "Public Pretender" and winning these cases is hard. And what the judge didn't tell me is that if I plead guilty i cant join the military, own a firearm, and most jobs around me will not hire me due to my record. Both times I was arrested were CM not felonies. And both times there was no evidence just her word against mine. What can I do, or is to late? Can DV crimes be expunged? Thx

I didn't know pleading guilty would have such a negative impact on my life. There are many men out there that get wrongly accused and imprisoned due to spiteful women, and it is not just or fair. How can the police make an arrest with no evidence? I don't care what their policy is, that is not right. The only reason I pleaded guilty the first time is bc I wanted to get out. I had a job to start and I was new to the "justice system." Foolishly I was scared and just wanted to get it past me and not drag it out. The second time I pleaded guilty bc I wanted out of jail. Three weeks is to long to spend in their and the judge refused to be lenient at all about lowering my bail. Basically I was coerced to plead guilty. I don't think I can get my record expunged or sealed, can I? Is it expensive? Since it has been two years since my first conviction, can I appeal it?

Attorney Answers 3

Posted

You are not in a good position to do much about your convictions. You are way beyond the time to file a motion for leave to withdraw either of your guilty pleas, which also means that the road of appeal is closed to you. Your posting does not, in any event, set out any grounds on which a judge would have been likely to allow you to withdraw your plea even if it had been timely. Nothing you say hints at any grounds for post-conviction relief. No conviction in Illinois can be expunged, and it does not sound as though you are eligible for sealing, either. You can certainly have a lawyer review your cases in detail in the hope of finding an avenue of relief, but from what you tell us it does not sound good.

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6 comments

Asker

Posted

Why can't I get it expunged or sealed?

Asker

Posted

Is it just in DV in Illinois or all convictions in general?

Joshua Sachs

Joshua Sachs

Posted

No conviction for any offense can be expunged in Illinois. Only arrests not resulting in conviction can be expunged. Some convictions can be sealed but convictions for battery, domestic battery, and violation of an order of protection (and what you refer to as DV appears to be one of these) are among the convictions that are specifically made non-sealable by statute.

Asker

Posted

“One of the saddest lessons of history is this: If we’ve been bamboozled long enough, we tend to reject any evidence of the bamboozle. We’re no longer interested in finding out the truth. The bamboozle has captured us. It’s simply too painful to acknowledge, even to ourselves, that we’ve been taken. Once you give a charlatan power over you, you almost never get it back.” ― Carl Sagan, The Demon-Haunted World: Science as a Candle in the Dark

Joshua Sachs

Joshua Sachs

Posted

Carl Sagan was a man with insight. Thank you for reminding me of him; it's been a while.

Asker

Posted

Your welcome. (:

Posted

Too late.

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1 comment

Asker

Posted

wow thanks!

Posted

You should never have pled guilty to DV if you wdid not commit the act(s.) It is really too late to do anything about it now. If there are more facts to review then you could discuss it in person with a criminal defense attotney, but your chances are grim.

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Asker

Posted

I appreciate your advice but it is easier to say than do. If you sat in the jail I was in for 3 weeks and couldn't post bail you would probably do the same thing.

Judy A. Goldstein

Judy A. Goldstein

Posted

I disagree. I would never EVER plead guilty to a crime I did not commit. Furthermore, I would not wait over a year to ask about it. It seems to me you asked this question before as I recall the derogatory characterization of the PD as a public pretender. You will not get different answers simply by asking a second time.

Asker

Posted

You disagree but have you ever been put in jail? Have you been on the other end of the "justice system." And yes I said "public pretender" because the court gives you a lawyer who works for the ones trying to convict you. That is ridiculous.

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