CAN YOU SEND A FEW CASE LAWS REGARDING THE RIGHT TO HAVE CASE DISMISSED AND RECORDS EXPUNGED?
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CAN YOU SEND A FEW CASE LAWS REGARDING THE RIGHT TO HAVE CASE DISMISSED AND RECORDS EXPUNGED?
A FERDERAL COURT RECENTLY REVERSED AN ILLEGAL CONVICTION FOR FAILURE TO APPEAR, BUT COURT OF CONVICTION DENIED MOTION TO DISMISS CASE/INDICTMENT. ANOTHER MOTION TO EXPUNGE RECORDS ON A CASE I WAS CHARGED BUT I WAS NEVER TRIED OR CONVICTED.
Asked on May 16, 2009 under Criminal Law, West Virginia
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
We cannot send you case law because every situation is different and the case law we think may apply may not apply. We cannot send information unless we serve as your counsel and in this forum we do not serve as your counsel.
1. Convictions are not considered illegal or legal. So in terms of your research, this is not the proper term.
2. Why would a court not dismiss the case if the federal court reverse the conviction? Because most likely it was remanded back for review and/or it wasn't considered reversible error for the other factors involved.
You need your case, with the indictments, case transcripts, rulings, etc. reviewed in person by a lawyer in West Virginia. Try www.attorneypages.com and then check his or her record at West Virginia state bar.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.