What is the name of your state (only U.S. law)? VA
I am at my wits end here and utterly depressed about my situation. Quick history:
I was convicted on 2 counts of forgery and 2 counts of uttering in 2000 for a stupid and non-thinking mistake. I worked for my then-girlfriends mom's company and for some stupid reason decided to write a couple of checks to myself and cash them. Dumb, I know, so I do not need anyone telling me that.
The thing is that these convictions are obviously felonies, which has essentially destroyed my life since then.
When I was convicted, the judge ordered a pre-sentencing report and I ended up getting 2 years, all suspended, fines, restitution, and probation. No jail time at all. The reason? Well, the presentencing report (which I thank God for) showed that this act was not in my normal character and was just that, a stupid mistake. I was 20 at the time. Before then, I was what you would call a model citizen I suppose.
I had never been in trouble before, besides one speeding ticket when I was 16. I was a 4.0 student, and a 5 year volunteer for the Rescue Squad - I volunteered for numerous community service organizations.
Just before I committed the crime, I was diagnosed with severe generalized anxiety disorder + panic attacks that seemed to stem from a hyperactive adrenaline gland. Anyway, I was put on a drug at the time called Effexor - it was new and essentially worked for my anxiety, but also made me basically emotionless - not caring, in other words. See, my GAD caused me to worry and care too much and this drug did the opposite. I realized this undesirable side effect about a year later and stopped taking the effexor all together. While it may sound like a cop-out to some, and I never thought about it at the time, but I think that the effects of the Effexor caused me to make this stupid judgement call - I basically just did not care - however, this is not part of my personality really and my pre and post conviction life has show that. Now, I am not going to say "The Effexor made me do it" I did it and take full responsibility - I am just saying that I am willing to bet anything that had I not been on it - I would have cared what would have happened to me and probably would not have done it.
I had a court appointed attorney who was okay I suppose, but did not really even fight the charges at all or even present a case really. All I remember is going in, talking about the charges, the judge finding me guilty and then getting sentenced. I had no trial. At the time, I did not know any better and had not received any good advice. Anyhow, my fines, fees, and restitution were around $4000 and I paid them all within a very short time frame. I was also (as told to me by my P.O.) a model probationee(if that is even a word). I held a job, checked in when I needed to and never got into any trouble.
In fact, I have went back to the same person I was before the incident. I have not gotten in trouble at all - not even any more speeding tickets! Despite the uphill climb that many felons have, I managed to get a great job, got married, have three childrens, own my home, etc. I am also going to school FT at Liberty University, the county baseball coach, and local Webelos Scouts Den leader.
My point is that this cannot be described as anything other than a stupid mistake and (to be quite honest, ignorance of the law - I understand - no excuse for that
). In all honesty, had I known that it was a felony - I probably wouldn't have done it at all. I realize that makes no difference, but just thought I would throw that in.
My point to all of this is that I feel as though I have paid my dues for my mistake, yet I will be paying for them for the rest of my life, which is highly unfair, especially for a non-violent crime. It is beyond me how I could go out and beat someone until they are near death and end up with only a misdemeanor, yet I write on a piece of paper and that is a felony.
Now, my right to, essentially, be a functioning citizen has been eliminated. I cannot vote, serve on a jury, get any other good job (I am essentially stuck where I am at because so many places are doing background checks now, I do not want to risk trying to change jobs and putting my family's finances in jeopardy - do not get me wrong, I am thankful that I have the job that I do have), run for office (which, believe it or not I have thought about), or own a gun to protect my family.
I realize that the first items (except getting a better job) can be restored in VA and I plan on doing that soon (there is a lot of beauracracy to go through here and records that "cannot be found" but I am working on that); however, it seems (or so I gather) that my gun rights will never be restored. This is what gets me the worst, to be honest. Now, I have no means really to protect my family. I am obviously not a violent person or even a risk - I just want to be able to protect myself and my family that is all. It seems as though they want to be sure that I live legally (which I have done before and since) and die when in danger.
So, that being said, do I have any other possible recourse in VA besides restoration of rights for everything except gun ownership? I mean, (and I am sure this is just wishful thinking) is there no way to argue and easily prove that I am an exception to the rule? That this is not who I am and that I was onl a criminal in that total of 10 minutes it took me to write and cash the checks? Do I really deserve to be branded this way for the rest of my life? Just for that?
I have read about pardons and expungement, but do not really understand (nor think that I would qualify) it. Any advice or comments would be great. Thanks.
Mike
I am at my wits end here and utterly depressed about my situation. Quick history:
I was convicted on 2 counts of forgery and 2 counts of uttering in 2000 for a stupid and non-thinking mistake. I worked for my then-girlfriends mom's company and for some stupid reason decided to write a couple of checks to myself and cash them. Dumb, I know, so I do not need anyone telling me that.
The thing is that these convictions are obviously felonies, which has essentially destroyed my life since then.
When I was convicted, the judge ordered a pre-sentencing report and I ended up getting 2 years, all suspended, fines, restitution, and probation. No jail time at all. The reason? Well, the presentencing report (which I thank God for) showed that this act was not in my normal character and was just that, a stupid mistake. I was 20 at the time. Before then, I was what you would call a model citizen I suppose.
I had never been in trouble before, besides one speeding ticket when I was 16. I was a 4.0 student, and a 5 year volunteer for the Rescue Squad - I volunteered for numerous community service organizations.
Just before I committed the crime, I was diagnosed with severe generalized anxiety disorder + panic attacks that seemed to stem from a hyperactive adrenaline gland. Anyway, I was put on a drug at the time called Effexor - it was new and essentially worked for my anxiety, but also made me basically emotionless - not caring, in other words. See, my GAD caused me to worry and care too much and this drug did the opposite. I realized this undesirable side effect about a year later and stopped taking the effexor all together. While it may sound like a cop-out to some, and I never thought about it at the time, but I think that the effects of the Effexor caused me to make this stupid judgement call - I basically just did not care - however, this is not part of my personality really and my pre and post conviction life has show that. Now, I am not going to say "The Effexor made me do it" I did it and take full responsibility - I am just saying that I am willing to bet anything that had I not been on it - I would have cared what would have happened to me and probably would not have done it.
I had a court appointed attorney who was okay I suppose, but did not really even fight the charges at all or even present a case really. All I remember is going in, talking about the charges, the judge finding me guilty and then getting sentenced. I had no trial. At the time, I did not know any better and had not received any good advice. Anyhow, my fines, fees, and restitution were around $4000 and I paid them all within a very short time frame. I was also (as told to me by my P.O.) a model probationee(if that is even a word). I held a job, checked in when I needed to and never got into any trouble.
In fact, I have went back to the same person I was before the incident. I have not gotten in trouble at all - not even any more speeding tickets! Despite the uphill climb that many felons have, I managed to get a great job, got married, have three childrens, own my home, etc. I am also going to school FT at Liberty University, the county baseball coach, and local Webelos Scouts Den leader.
My point is that this cannot be described as anything other than a stupid mistake and (to be quite honest, ignorance of the law - I understand - no excuse for that
). In all honesty, had I known that it was a felony - I probably wouldn't have done it at all. I realize that makes no difference, but just thought I would throw that in. My point to all of this is that I feel as though I have paid my dues for my mistake, yet I will be paying for them for the rest of my life, which is highly unfair, especially for a non-violent crime. It is beyond me how I could go out and beat someone until they are near death and end up with only a misdemeanor, yet I write on a piece of paper and that is a felony.
Now, my right to, essentially, be a functioning citizen has been eliminated. I cannot vote, serve on a jury, get any other good job (I am essentially stuck where I am at because so many places are doing background checks now, I do not want to risk trying to change jobs and putting my family's finances in jeopardy - do not get me wrong, I am thankful that I have the job that I do have), run for office (which, believe it or not I have thought about), or own a gun to protect my family.
I realize that the first items (except getting a better job) can be restored in VA and I plan on doing that soon (there is a lot of beauracracy to go through here and records that "cannot be found" but I am working on that); however, it seems (or so I gather) that my gun rights will never be restored. This is what gets me the worst, to be honest. Now, I have no means really to protect my family. I am obviously not a violent person or even a risk - I just want to be able to protect myself and my family that is all. It seems as though they want to be sure that I live legally (which I have done before and since) and die when in danger.
So, that being said, do I have any other possible recourse in VA besides restoration of rights for everything except gun ownership? I mean, (and I am sure this is just wishful thinking) is there no way to argue and easily prove that I am an exception to the rule? That this is not who I am and that I was onl a criminal in that total of 10 minutes it took me to write and cash the checks? Do I really deserve to be branded this way for the rest of my life? Just for that?
I have read about pardons and expungement, but do not really understand (nor think that I would qualify) it. Any advice or comments would be great. Thanks.
Mike
