WHAT CAN WE DO TO HELP MY SON GET HIS RECORD EXPUNGED AFTER BEING RAILROAD BY HIS OWN PAID ATTORNEY NOT A PUBLIC DEFENDER?

Asked 4 months ago - Woodbridge, VA

My son was a first time offender and was charged with these charges because he stole 5 Ipods from his place of employment in 2011:
GRAND LARCENY ,EMBEZZLEMENT, EMBEZZLEMENT, OBTAIN MONEY BY FALSE PRETENSE and
LARCENY W/INTENT. He was given 3 years with time serve (90 days) and Probation Type:
Indefinite Supervision. We know his lawyer had him railroaded but what can we do...can we get these expunged and what can we do about that probation in which the probation officer said he did not even need to report.

Additional information

Thank you, however, what does this Probation Type: Indefinite Supervision means. My son admitted to what his attorney told him to admit too. He truthfully admitted to taking only one but the store said at leave 6 had been stolen since he started to work there. He was 22 and had never been In trouble and afraid of what his attorney was telling him so he admitted to the other 4, why not five since 6 was missing, w don't know. We now know we hired a crooked attorney unbeknownst to us.

Attorney answers (1)

  1. Michael James Carmody

    Contributor Level 12

    5

    Lawyers agree

    Answered . Because he was convicted and sentenced, and a substantial amount of time has passed, your son has few options. An order of expungement is not available following a conviction except if the governor grants an absolute pardon (or if the conviction is overturned). I hate to bear bad news, but it seems unlikely that your son would get a pardon (or have the conviction overturned), for, as you said, "he stole 5 Ipods . . ."

    If your son was under 18 when he was convicted, then other rules pertaining to expungement could apply - please post additional information if that is the case. Good luck.

    DISCLAIMER: The information you obtain at this site is not, and is not intended to be, legal advice. You should... more

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