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Can you felonies removed if they were consildated for judgement and took a plea deal?

Sanford, NC |

Basis details: house fire, 2 lost life, I took a plea deal instead of going to trail, 2 felony counts on involuntary manslaughter

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Attorney answers 4

Best Answer
Posted

It sounds as though you had state charges, not federal offenses. If you plead guilty to felony offenses you can not generally get the records of them expunged. However, you may be able to apply for a pardon. If you are successful and are granted a governor's pardon, under the laws of the state where the offenses occurred you may then be eligible to have the records expunged. Speak to an experienced criminal defense attorney in the jurisdiction where you plead guilty. Good luck.

Asker

Posted

I do have state charges. I took the plea deal so that my daughter who was 5 at the time did not have to take the stand and relive the events of that night. She was too young and everything happened very fast. Losing her sisters was enough. I did however have to do 24mths probation with 100hrs of community service speaking about my story. For every hr I spoke, I was credited 2 hrs. Its been 5 yrs since everything took place. I have not worked since the night of the fire and I'm trying to get my stuff back together. I am about to graduate from college so thats a positive. Thank you for stirring me in the right direction.

Posted

If the charges resulted in convictions, they may not be expunged.

By responding to questions on AVVO does not establish an attorney-client relationship between the questioner and Garrett Law Group, PLC. Responses should be considered and used for informational purposes only. Every case is unique in its facts, and all legal matters should be discussed with a licensed attorney prior to making any decisions or taking any actions.

Posted

Probably not.

Of course, every answer is based on the question asked and requires a more complete context. This answer should not be relied upon to make a legal decision. Seek the advice of an experienced criminal defense attorney before acting. Law Offices of Raymond G. Wigell, Ltd. Defenders of the Constitution since 1975/ Aggressive Creative Defense Strategies/ Website: www.waaltd.com 24/7 call (708) 481-4800 text (708)218-0923

Posted

In the State of North Carolina you cannot expunge a felony conviction. While this has a note that it is a federal crime, it seriously appears to be a state level offense. If this occurred in NC as based on your location, then it is nearly impossible to remove this from your record other than a pardon. The only possible recourse you may have is to consult with an attorney regarding a Motion for Appropriate Relief, which can be granted under extremely limited circumstances and may possibly reopen your case. However, as the odds are not very good, you must consult with an attorney and provide all the information regarding your case, given that you agreed to plea to the charges. Even then, I sincerely doubt there is much that can be done other than a pardon.

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