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Aug 5th, 2008
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I
am a 26 year old single mother . When I was 18 I got into a fist fight with a 19 year old girl. We were at a huge party that our town had once a year. Neither her, nor I appeared to have injuries. A few days later I was arrested and charged with Maliscious wounding!! Apparently the girl reported that i hit her with a glass bottle!! I obtained a court appointed lawyer and had a trial in Circuit Court In James City Co. Virginia. I was offered a plea bargain by this lawyer that was appointed to me. At 18 years old, my biggest fear was going to jail. The lawyer told me that I should accept the plea bargain, even though I had wittnesses stating that I did not attack the girl with a bottle!! The lawyer said that if I went before the judge and stated that I did not commit the crime I was likely to get the 20 year sentence the crime carried!! I accepted the plea bargain and served 6 months in jail with 5 years probation that carried a 4.5 yr. sentence over my head. I made it through the probation, but am finding it very hard to be successfull in life with this AWFUL title over my head. I am raising my wonderful 5 year old son on my own. I am very frustrated at the fact that I can not even rent a nice apartment for us because of this Felony!!! Why do I keep getting punished?!?!?! This is America!! I want a nice job with a nice place to live because I am a hard worker and honest person!!! I have attended college to get some credits and earn a degree.Unfortunatly I am not in classes this semester, I work too much and really need want to concentrate when I go back, hopefully Spring 2009. 
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 Feeling sad  | Posted Aug 5th, 2008 at 9:36AM I find this disturbing. We do live in America. But, sometimes I wonder how "free" are we? We can't get a car, because of a medical bill on our credit report. We cant get a house, because of it. If we can't drive, then we can't work, and if we can't get a place to live, then what the **** are we supposed to do?????????? I think there is way too much privacy invasion nowadays. +2 nods   |
 | Posted Aug 5th, 2008 at 7:42PM Thats shocking...so where do all the 'crims'live then......dont worry I have a criminal conviction to for common assult...........if your poor uneducated, welfare dependent, vulnerable the lega lsystem is not your friend.......I was being bullied and I fought back.............I believe in Karma........keep hope....something will come up...Dont you have anti discrimination laws in your country? chin up |
 | Posted Jan 29th, 2009 at 10:22PM This should help www.tashasmith.webs.com watch the video and contact me if you want to join the cause. |
 | Posted Aug 29th, 2009 at 9:51AM Dear Tommysmommy, I'm unfamiliar with the laws is your state. But I'm nearly positive at this point that you can get your record EXPUNGED. That is, make it go away. I agree. Your situation is grossly unfair. You were given poor legal advice as a frightened youth. And you are still paying. It's clear that you are a decent citizen who only wants to provide a life for Tommy and yourself. I agree with Neveah. It seems the punishment goes on and on. There is an attorney on the west coast. You can go to kgo.com, and click on the radio option. Then look for Len Tillem. He isn't a criminal atty, but has a heart, and will help you find one. If you can listen, on the Internet, on Sundays, between 4-7 P.M. You may be able to call in @800.808.0810. Or send him email by going to lentillem.com, then click contact. The most important word I want you to remember, is expunge/expungement=to obliterate, to make go away. It CAN happen. I would help you myself, but I haven't taken the bar yet, we probably don't live near one another, and I have some husband problems right now. You are young, I'm sure smart and charming, as a last resort, get out the phone book, look for a criminal atty, take your baby with you for a free consultation with a sympathetic atty, charm him with only the truth, and he may take your case for free. I know that I would if I could. Good luck. You are a prime candidate for this procedure. Please check back. +2 nods |
 | Posted Sep 7th, 2009 at 7:32PM, last updated Sep 7th, 2009 at 7:33PM I'm from Oregon - and this is pretty much my story too - cept my crime was conspiracy to commit burglary, & burglary in the 2nd degree. I committed my crime in 1999 and could get the 2nd degree burglary expunged since it's a class C felony but the conspiracy charge (planning of a burglary basically) is a class B and is not able to be expunged. As far as I understand it - I will not ever be able to move the class B felony from my record. I just moved into a new apartment last September and I had to have a co-signer and extra deposit due to the felony. I committed the crime when I was 19 and am now 29. I'll have my Bachelor's Degree from the University of Oregon by the end of Fall 2009 but I will have a hell of a time using that degree because so many places have absolutely no hiring of felons... Under no circumstances - they actually have no-hire policies in place - which seems like it ought to be illegal after a certain period of time after the commission of your crime. I believe that ex-felons wanting to re-integrate themselves and/or reclaim their rights after a period of time is a perfectly reasonable request, and especially so when the person has kept their nose clean and has worked to improve their life. It seems that we should have advocacy! If anyone is interested in a felon advocacy group - we should start a non-profit or see if their is one! +2 nods |
 | Posted Sep 23rd, 2009 at 10:03AM Thank you all so much for your support and advice. It is sad to know that there are others out there who can relate because we are meeting on -not so pleasent- common ground. Since my original post I have moved to Florida. Life is much better here and I was able to get my son and myself into a very pretty house :) I am waiting until the spring when it will have been exactly 10 years, before I turn in my paperwork to the GOV of VA to have my felony expunged.... or atleast try!!!! Thank You all so much and best of luck!!! tanyasmith, ur site is awesome! |
| Posted Sep 23rd, 2009 at 3:57PM I've found that in Oregon it is 3 years after your conviction you may have your record expunged - however you can only have Class C felonies and below (misdemeanors) expunged. If you have a Class B or A felony you cannot have it expunged, but it seems that the DA from the county of conviction said there is a way to petition the court to have a Class B reduced to a Class C. I have also talked with some of my college professors that said that the reduction and expungement of your record is a civil matter and therefore you should be able to find legal aid or legal services in your area that will help you for free if you qualify (some use monetary or standard of living scales or a need basis - i.e. if someone is getting unfairly evicted they may take precedence over you as you can wait while they cannot etc.) I am in the process of tracking down free legal aid for myself - I may have to travel to my county of conviction to get it, but attorney's fees can run in the thousands of dollars even for expungements where it's mostly a matter of filling out and filing paperwork with the right offices and then talking to a judge. Good luck with your expungement - and don't lose hope... I'm sure there is a way for everyone to regain their footing, regardless of what state they live in. |
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