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Happy Camper
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Member Since: Sep 2012
Location: usa
Posts: 328
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#1
I am not asking for myself, but in general I would like to know what it is like for those that go through this.
Specifically, those that never get their conviction overturned, and those that did not lose large chunks of their life to hard time, but still may have been slandered, had their reputation destroyed, and certain freedoms taken.
Possible trigger:
Last edited by bluekoi; Jul 14, 2021 at 11:00 AM.. Reason: Add trigger code. |
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amandalouise
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Member Since: Mar 2009
Location: 8CS / NYS / USA
Posts: 9,133
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#2
Quote:
its called "Expungement" thats a long process where the wrongfully accused, and wrongfully convicted can petition the court for a review of their case to have the crime and judgement removed from their files. if the court agrees that the person was wrongfully convicted based on the evidence, the court orders all parties involved are to shred their files about the case and remove all paper/ computer trails concerning the case. then on background checks the conviction no longer comes up. its a very long process and each state has strict rules for when expungement can happen. my suggestion tell your friend to contact their lawyer that they had during the trial. that lawyer can advise them on all the legalities that need to be covered in order for their wrongful conviction to be expunged. I have not gone through this but have been on the paper trail of helping others go through this. its an extremely long process, sometimes can take many years which is why most wrongfully convicted people have their lawyers petition for "reviews" and a new trial of release based on technicality. once released on technicality they can petition for a new trial to clear their name and records. |
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Member
Happy Camper
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Member Since: Sep 2012
Location: usa
Posts: 328
102 hugs
given |
#3
Thank you for the information. (Potentially Triggering, again)
Now here is something very specific about a worst case scenario. A "loser case," so to speak, where a person had no chance of not being found guilty---because "guilty" or "not guilty" depends on if the person's actions were intentional or not, and in this example, they were not intentional, but, equally importantly, simply challenging the conviction could open them up to the possibility of a more serious criminal conviction. The "example" (and this is just for the sake of conversation) is described as such: person is charged with misdemeanor and felony---no bail, jail conditions are torturous, the jailers corrupt and untouchable, and it is not out of the question they could set a person up for 20 years or murder them. Prosecutor offers a deal----confess to the misdemeanor, and the felony goes away. Person does just that, but now lives with loss of certain freedoms, damaged reputation, and less opportunity. Normal circumstances don't apply, because the absence of intent exist inside the person, not in traditional evidence, and they have already confessed (because of the combination of a dangerous environment, the suffering, and the chance of a felony), and believe even if they get an opportunity to have the case reassessed, it will come with the chance for the felony to still happen, in case a full trial happens or something else. So that's one fictional situation. What if there was medical evidence supporting the defendant, which the defendant mentioned to a lawyer one time, but then gets ignored and forgotten, and because of the nature of the medical problems, does not get brought up again at any point? Would they be able to safely request this get taken into consideration, with the possibility of expungement, and without the a chance of being opened up to the more serious charge? |
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amandalouise
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Member Since: Mar 2009
Location: 8CS / NYS / USA
Posts: 9,133
884 hugs
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#4
Quote:
your friend will have to contact their lawyer and discuss with the lawyer why they want the expungement and any evidence for it. then the lawyer submits the petition to the court. in other words only the lawyer and your friend will know what will and wont be considered. hypotheticals and fiction cant determine things like this its all individual according to each case and what they and their lawyer decides. my suggestion contact the lawyers they can advise you best on how to get an expungement. they will explain further how expungements work and what is considered in it. |
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