Was walking with a beer on side walk and undercover cop stopped me. I actually had just thrown it away before walking pass the cop. They kept threatening that they would call a car to put me under arrest because I tried to ask questions about what was going on. They asked for my id and wrote a citation. I did not get breathalyzed. On the ticket there was no cost but just a court date. The cop said he would tell the judge i cooperated. I am wondering what would be the best thing to try and get it expunged from my record.
Ah, the joys of life as an undergraduate. You should hire an attorney who can negotiate an agreement with the DA's office to, best case scenario, get the charge dismissed. Later, you can get the charge expunged so long as you were never convicted, but this is a two-part process. First, get this citation dealt with. Second, apply for an expungement. I'd advise that you use a lawyer in both parts of the process. Even though this is a seemingly petty charge, it can come back to haunt you later if you apply for a license, apply to graduate school, or attempt to enter the armed forces.
Good luck to you! And in the future, be careful!
This information is for educational purposes only and is not intended to form a client/lawyer relationship. I currently work for North Carolina Prisoner Legal Services, Inc., a non-profit law firm which exists to protect the rights of prisoners in the custody of the state of North Carolina. I cannot accept clients outside of my work. If a loved one is in prison in North Carolina, advise the inmate that they may write to North Carolina Prisoner Legal Services, Inc. NCPLS will review their case at no cost and will litigate at no cost to the inmate if the case meets NCPLS' standards. NCPLS can also provide some assistance to inmates seeking to represent themselves.
Get an attorney. Try to have this resolved without a conviction entering on your record. They don't need a breathalyzer because your charged with open container. The cop will almost certainly say he saw you throw the can or bottle.
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