What is the name of your state (only U.S. law)? Indiana
7 years ago (at the age of 18) my nephew was charged with class D felony criminal recklessness for shooting at another teenager with a pellet gun. No one was hit because the gun was not loaded but it did have a co2 cartridge so it sounded like a real gun going off. He was assigned a public defender who told him that if he wanted to take it to trial it would have to be a bench trial. The attorney told him that he could NOT have a jury trial because he had been appointed a PD. At the bench trial he was found guilty and sent to prison for 2 years. While in prison he filed a motion for a new trial because he was mis-represented by his attorney. After 2 months in prison he was brought back to court and released on Shock Probation. To "qualify" for the shock prob. he had to admit his guilt and wave his right to appeal. Part of that agreement was if he completed the probation without any problems then his conviction would be recorded as a Class A misdemeanor.
Last week he was fired from his job because his employer said he had not disclosed his felony conviction. My nephew went to the courthouse & checked the records and found that the felony conviction had never been changed and the lady at the records dept said there was nothing in the court minutes that said anything about the charges being reduced.
Is there anything he can do about this even though so much time has passed?
7 years ago (at the age of 18) my nephew was charged with class D felony criminal recklessness for shooting at another teenager with a pellet gun. No one was hit because the gun was not loaded but it did have a co2 cartridge so it sounded like a real gun going off. He was assigned a public defender who told him that if he wanted to take it to trial it would have to be a bench trial. The attorney told him that he could NOT have a jury trial because he had been appointed a PD. At the bench trial he was found guilty and sent to prison for 2 years. While in prison he filed a motion for a new trial because he was mis-represented by his attorney. After 2 months in prison he was brought back to court and released on Shock Probation. To "qualify" for the shock prob. he had to admit his guilt and wave his right to appeal. Part of that agreement was if he completed the probation without any problems then his conviction would be recorded as a Class A misdemeanor.
Last week he was fired from his job because his employer said he had not disclosed his felony conviction. My nephew went to the courthouse & checked the records and found that the felony conviction had never been changed and the lady at the records dept said there was nothing in the court minutes that said anything about the charges being reduced.
Is there anything he can do about this even though so much time has passed?
