7
757driver
Guest
What is the name of your state? Nevada - Clark County
Difference between Sealing & Expungement
I recently went through hell when a case of battery/domestic violence was brought against me by the City of Las Vegas. I spent 3 days in jail for what was basically a misunderstanding, paid my bail, paid thousands in attorney's fees (& he misadvised me and then did not adequately represent me) all the while being unemployed. The "victim" was my wife (who is a social worker and knows how the system works), who admitted to me privately that she called the cops "to scare me" and did not think I would get arrested. Well, I did and I've paid the VERY heavy price for something I did not do. She did not press any charges, the city did and there was nothing she could say or do to stop the proceedings.
I have appeared in court several times and pled "not guilty" at the arraignment. Then, in April, my attorney changed his tune and told me that "the best deal would be to take an adjudication". As an innocent defendant, I did not see why I should plead no contest. Also, as part of my wife's reconciliation, I VOLUNTARILY agreed to anger management classes @ my own expense, not because I was court ordered. This was the first time in my life that I have been arrested and I have no priors of any sort. The judge deferred judgment until I had completed all 26 sessions of class, stayed "out of trouble" for 4 months, and paid a fine of $390 to the City's Christmas Party fund.
Even though I was NOT guilty, I decided in our best interests not to fight the case. We have been back together under the same roof with absolutely NO problems for 6 months.
When the case came up for review earlier this month (expecting a dismissal of the charge, as agreed), the scene was reminiscent of a bad stand-up comic on Comedy Central! I showed up 10 minutes early and when I entered the courtroom, my attorney was already discussing the case with the judge. Not only that, but he did not have all the paperwork to verify I was in full compliance of the court agreement. I tried to explain to the Judge what was going on but all he was interested in was why the fine had not been paid and how much time I needed to pay it. It was almost like my attorney, who was supposed to be representing his client and have my best interests at heart, was, in reality the prosecuting attorney! I was given 2 months for the next review.
Fast forward. I now decided it was time for action & by now you can probably guess that I did not get along with my attorney. So, with the help of my wife and the City Attorney's office, no less, I paid my fine, got more paperwork to verify my compliance and was able on my own to have the next hearing brought forward to today. My attorney was not present in court as he was dealing with another case elsewhere and that was not a problem. I obviously impressed the Judge because I had all the information the court needed, I apologized for any confusion about payment of the fine (I was acting on info provided by the Witness Advocate program) and even had my wife at my side in case anyone wanted to ask her any questions.
Bottom line, because this was no ordinary domestic violence case and that I had already taken the initiative, the judge did indeed dismiss the charge and close the case. Why is it that on those occasions I do not have an attorney present, the outcome is always better? Strange, don't you think? Earlier in Family Court, I petitioned and was successful in having a restraining order dissolved, again with no attorneys present for either side.
The nightmare still continues as I enter my 9th consecutive month of unemployment. I used to be an airline pilot. As you can imagine, the airlines are asking all kinds of pointed questions on both the applications and in interviews. I believe I have already lost an opportunity for at least one job as a direct result of these legal proceedings for which the charges were eventually dropped with NO CONVICTIONS on record.
What I need to know specifically is:
1. What is the difference between sealing of a record and expungement of a criminal record - when a person has not been convicted, only arrested with jail time and minutes of each court hearing?
2. In view of the tentative relationship between my attorney and myself, should I go back to him to request this (he has offered to discuss - whatever that means) or can I petition the court myself?
3. If I went back to the attorney who has handled this from the beginning and to whom I paid a retainer fee for both criminal and family cases, would he expect more money from me to file a motion for expungement?
4. If I have the legal right to file myself and considering the final disposition to what was a misdemeanor charge, is there a court filing fee if I did it myself?
5. With airline background checks (usually going back 10 years) do they use a certain company and would this record show only at the municipal level? What about state level or federal eg. FBI background check?
I feel I have already paid dearly for this - both in emotional terms and financially and just want to move on with my life. With these records still hanging over my neck, it could still do untold damage to my job prospects. Someone on this board mentioned about everyone deserving a second chance. I have protested my innocence in all this and took the deal because they were going to make my wife testify against me and also, because I had a less than 50/50 chance of being found not guilty. This would have meant a conviction and the end of my career for the sake of a misdemeanor! I really could use a break after this on-going nightmare. This was, an alleged first-time offence but I feel as if this is a life-sentence now. Any advice would be greatly appreciated as I know that there are good lawyers out there - I just happened to hire a bad apple. Thank you.
Difference between Sealing & Expungement
I recently went through hell when a case of battery/domestic violence was brought against me by the City of Las Vegas. I spent 3 days in jail for what was basically a misunderstanding, paid my bail, paid thousands in attorney's fees (& he misadvised me and then did not adequately represent me) all the while being unemployed. The "victim" was my wife (who is a social worker and knows how the system works), who admitted to me privately that she called the cops "to scare me" and did not think I would get arrested. Well, I did and I've paid the VERY heavy price for something I did not do. She did not press any charges, the city did and there was nothing she could say or do to stop the proceedings.
I have appeared in court several times and pled "not guilty" at the arraignment. Then, in April, my attorney changed his tune and told me that "the best deal would be to take an adjudication". As an innocent defendant, I did not see why I should plead no contest. Also, as part of my wife's reconciliation, I VOLUNTARILY agreed to anger management classes @ my own expense, not because I was court ordered. This was the first time in my life that I have been arrested and I have no priors of any sort. The judge deferred judgment until I had completed all 26 sessions of class, stayed "out of trouble" for 4 months, and paid a fine of $390 to the City's Christmas Party fund.
Even though I was NOT guilty, I decided in our best interests not to fight the case. We have been back together under the same roof with absolutely NO problems for 6 months.
When the case came up for review earlier this month (expecting a dismissal of the charge, as agreed), the scene was reminiscent of a bad stand-up comic on Comedy Central! I showed up 10 minutes early and when I entered the courtroom, my attorney was already discussing the case with the judge. Not only that, but he did not have all the paperwork to verify I was in full compliance of the court agreement. I tried to explain to the Judge what was going on but all he was interested in was why the fine had not been paid and how much time I needed to pay it. It was almost like my attorney, who was supposed to be representing his client and have my best interests at heart, was, in reality the prosecuting attorney! I was given 2 months for the next review.
Fast forward. I now decided it was time for action & by now you can probably guess that I did not get along with my attorney. So, with the help of my wife and the City Attorney's office, no less, I paid my fine, got more paperwork to verify my compliance and was able on my own to have the next hearing brought forward to today. My attorney was not present in court as he was dealing with another case elsewhere and that was not a problem. I obviously impressed the Judge because I had all the information the court needed, I apologized for any confusion about payment of the fine (I was acting on info provided by the Witness Advocate program) and even had my wife at my side in case anyone wanted to ask her any questions.
Bottom line, because this was no ordinary domestic violence case and that I had already taken the initiative, the judge did indeed dismiss the charge and close the case. Why is it that on those occasions I do not have an attorney present, the outcome is always better? Strange, don't you think? Earlier in Family Court, I petitioned and was successful in having a restraining order dissolved, again with no attorneys present for either side.
The nightmare still continues as I enter my 9th consecutive month of unemployment. I used to be an airline pilot. As you can imagine, the airlines are asking all kinds of pointed questions on both the applications and in interviews. I believe I have already lost an opportunity for at least one job as a direct result of these legal proceedings for which the charges were eventually dropped with NO CONVICTIONS on record.
What I need to know specifically is:
1. What is the difference between sealing of a record and expungement of a criminal record - when a person has not been convicted, only arrested with jail time and minutes of each court hearing?
2. In view of the tentative relationship between my attorney and myself, should I go back to him to request this (he has offered to discuss - whatever that means) or can I petition the court myself?
3. If I went back to the attorney who has handled this from the beginning and to whom I paid a retainer fee for both criminal and family cases, would he expect more money from me to file a motion for expungement?
4. If I have the legal right to file myself and considering the final disposition to what was a misdemeanor charge, is there a court filing fee if I did it myself?
5. With airline background checks (usually going back 10 years) do they use a certain company and would this record show only at the municipal level? What about state level or federal eg. FBI background check?
I feel I have already paid dearly for this - both in emotional terms and financially and just want to move on with my life. With these records still hanging over my neck, it could still do untold damage to my job prospects. Someone on this board mentioned about everyone deserving a second chance. I have protested my innocence in all this and took the deal because they were going to make my wife testify against me and also, because I had a less than 50/50 chance of being found not guilty. This would have meant a conviction and the end of my career for the sake of a misdemeanor! I really could use a break after this on-going nightmare. This was, an alleged first-time offence but I feel as if this is a life-sentence now. Any advice would be greatly appreciated as I know that there are good lawyers out there - I just happened to hire a bad apple. Thank you.
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