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Old 10-22-2008, 06:28 PM
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Join Date: Oct 2008
Posts: 2
Default Trying to move forward

I would like to thank you for your help up front. I was convicted of a Felony approximately 12 years ago. I was arrested outside a night club at the age of 21 for public intoxication. I went to jail, and they issued an armband with my information on it. I was bailed out, and waiting to be released from jail. A buddy and I thought it would be funny if we traded armbands, so we did, and were charged with Felony Escape. I was re-arrested and put back in jail with a $100,000 bond. They really came down hard on me, and I didn’t have a criminal record. I really didn’t think the crime fit the punishment, but pled guilty, because of all the horror stories, don’t risk going to trial, Escape is automatically 5 years in jail, plead guilty you wont have to do no jail time. The decision at that time was obvious to me, plead guilty and not risk going to jail. I have never been in trouble since. It was the most stupid thing I have ever done, and the thing about it is we were already bailed out, we just was messing around. I have to tell people what happen before they see it on my back ground verification, because Escape sounds like I climbed down a wall and jumped some fences.

I have had to try and overcome this conviction the majority of my adult life. I have lost numerous employment positions in the past. I finally have a career in real estate, but I had to fight for it because of my criminal background. I can no longer survive in the Real Estate industry. I love what I do, and take in a serious manor. I am approved by FHA, and HUD, with a State Issued License. My integrity and creditability are always question because of this matter. I recently have got married, July 4, 2008, and am expecting my first child at the end of November. I had to start looking elsewhere to compensate the lack of income I am receiving in this slow period of the Real Estate Industry. In addition, I had to start thinking of a future for my family. I decided the healthcare industry would be best suitable to secure our future.

I applied at a large healthcare, insurance company. I was upfront, and advised them about my conviction. I was asked to bring the court documents in when I had my interview. I went and got the court documents on this case, and the lady at the City County Building said I could get this expunged from my record; I had to go to the “law library” to fill out some legal documents. That was the day of my interview, so I did not attempt it. I took my court documents in, and I was told that everything was ok to hire, if in fact the same information was reported on my criminal background investigation. Well, my background verification came back as I report, and I was offered the job, starting this coming Monday. I get a phone call today stating that they couldn’t hire me because of the Felony conviction, and was unable to tell me why that said I could in the first place. I was told that if I could get this taken off my record they would hire me. I was also told that if I could get a letter stating that I was attempting to get this off my record that they would put an addendum on my work profile, and if it didn’t happen then they would terminate the employment.

My question, is this likely to occur? Can I get this expunged off my record? The lady at the City County Building said I could, but she was not an attorney. If I was to go to the Criminal Library, how long would it take? Can I just go into the court and ask to speak with the Judge? Will they give me some documentation stating that I am trying to get this taken off? Any advice is greatly appreciated. Again, I haven’t been in trouble for anything since this conviction. I have regretted it ever since. Thanks again for your time
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Old 10-24-2008, 08:47 AM
Junior Member
 
Join Date: Oct 2008
Posts: 2
Default Thank You For Reading

Ok, here is kind of what I have discovered on my own. I went to the Law Library, and found out I am not eligible for my records to be expunged because of the C Felony. There was something that said I could seal my records from employers, but the actual conviction had to be at least fifteen years (15) prior. My conviction is approximately twelve years (12) ago. I spoke with some attorneys and told them my situation. I had a horrible attorney at that time, but he was affordable. I told the attorneys that I spoke with yesterday who represented me in this case and they just gasped. They said I could possibly apply for a Post Conviction Relief, I believe that’s what it’s called. The thing is I don’t feel buyer’s remorse for pleading guilty. I just didn’t want to do anymore time in jail, it ****** to be honest. Hiring an attorney in this matter is going to cost me way more than what I could possibly afford. If I go this route I will have to start making payments to satisfy the attorney fee and then move forward.

Like I said it was twelve years (12) ago. I was twenty-one (21) years old. I was arrested outside a nightclub for public intoxication. I went to jail, was bonded out, ready to be released. Remember, I was already to be released from jail because I had my bond posted by family.

My question is do you believe that there is a shot at Post Conviction Relief? Or, do you think I could possibly write a personal letter to the court letting them know my situation, just got married, expecting a my first child, never been in trouble since, cant get a job due to the Felony Conviction? Asking the reader if they could reflect back at the age of twenty-one (21). Do the courts except and read a personal letter from just anyone?

I am just trying to brainstorm all my options, and really would like some advice. I realize that you have all had to go school for many years, and have worked hard to achieve your attorney status. I know you deserve to get paid money for advice that I am asking for. If I had any I would defiantly be willing to pay for it. I don’t know why you would give me advice, but I promise I will be very grateful if you decide to help me out. Thanks for at least taking the time to read.
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