Made an open guilty plea in Montgomery County (section 17) probation without verdict. Am told upon completion can get case expunged. Have completed everything, fines, community service etc. immediately upon sentence. Have great job now but am anxious for expungement so I can take on more responsibility, get a loan, possibly move. I have no more requirements except the time and I am unsupervised and report by text. Is a reduction possible?
It's very hard to challenge any aspect of a prosecution/sentencing after an open guilty plea, especially if you had a lawyer, because the on-the-record guilty plea colloquy goes through great pains to make sure that you entered the plea knowingly, intelligently and voluntarily...and that you were satisfied with your lawyer's representation, if any. However, you/your lawyer could consider filing a "Petition for Leave to File Post-Sentence Motion Nunc Pro Tunc". It would be a good idea to give the ADA a heads up before you do it as a professional courtesy. Under the circumstances (cooperative defendant and ideal probationer), the ADA may choose not to oppose it and you/your lawyer could represent that to the Court in the Petition. And, even though your probation is non-reporting, there may be a PO assigned to your case and giving them a heads up could help too. This is a long shot. Good luck.
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