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niko1

What can I do about a Felony Trafficking conviction from 2005?

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In 2005 I was convicted of Trafficking Cocaine in the state of NC. A "friend" set me up. I was not even a drug dealer. Being young and dumb..doing something for a friend. The difference between a Trafficking and Possession charge was 1/10 of a gram. I had a court appointed attorney represent me. He said that he knew the detective who arrested me and said "I know Lt. Marshburn"...after speaking with the detective after my release on bail...I told the detective my attorney said he knew him. The detective laughed and said, "I'm not a Lt. I'm a detective, and my name is Larry Todd". I ended up being convicted in December of 2005 and got 3 years probation. I was never made aware that this charge could not be expunged in the future. So I started probation, and 3 months in...immigration picked me up for deportation at the probation office. I never violated probation. Long story short on immigration..I was no deportable and released after spending 5 months in deportation. Once out of immigration, I reported back to my probation officer to get back on probation and she said I didn't need to. My file was closed. So I started going to Immigration Probation (something different) for the next 5 years..never missed a check-in date. More than 10 years later I reached out to the Governors Pardon office with details of my case. I never committed ANY crimes and did EVERYTHING I was told to by my immigration attorney and legal reps. After sending all the details to the Pardons Office, someone replied and stated that I couldn't do anything about the conviction because I never completed my probation for the sentence. Obviously if I never completed it or violated probation, I would have ended up serving the 3 years in prison. What can I do? I even paid the $2,000 tax from the IRS I received on the actual drugs within 1 week of getting of jail. When I went to pay the tax...the guy looked at me and said "I have been working here a very long time and never had anyone pay something like this. Make sure you tell your attorney about this."

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1 hour ago, niko1 said:

I was never made aware that this charge could not be expunged in the future.

 

Did anyone ever tell or suggest to you that it could be expunged?  According to this article, at the time of your conviction, it was not possible to expunge any felony conviction (although that law apparently has changed recently).  Accordingly, you could not have reasonably believed expungement was possible.

 

 

1 hour ago, niko1 said:

What can I do?

 

Among other things, you can consult with a local attorney to see if the recent change in the law makes it so that your felony conviction can be expunged.

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21 minutes ago, pg1067 said:

Accordingly, you could not have reasonably believed expungement was possible

 

Why not? At that age...first and only offense. I was told about the possibility of immigration issues, length of probation, fines, and other things. The difference between possession and trafficking was literalyl 1/10 of a gram. Also, shouldn't defendants have the chance to be able to clear a drug record if they were under a certain again and completed everything they were told? It's a non-violent offense.

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1 hour ago, niko1 said:

 

Why not? At that age...first and only offense. I was told about the possibility of immigration issues, length of probation, fines, and other things. The difference between possession and trafficking was literalyl 1/10 of a gram. Also, shouldn't defendants have the chance to be able to clear a drug record if they were under a certain again and completed everything they were told? It's a non-violent offense.

 

The things I bolded make no difference at all.  You are a convicted felon. 

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3 hours ago, niko1 said:
3 hours ago, pg1067 said:

Accordingly, you could not have reasonably believed expungement was possible.

 

Why not?

 

Because, at the time, expungement was not possible for any felony conviction.

 

 

3 hours ago, niko1 said:

Also, shouldn't defendants have the chance to be able to clear a drug record if they were under a certain again and completed everything they were told?

 

If you're asking me what I personally think the law should be, I don't think that's relevant.  If you're asking me whether, under the recently enacted change in the law mentioned in the article to which I provided a link, your conviction could be expunged:

 

It's possible that, if you were convicted of the same offense today, it would be able to be expunged.  It's possible that, even though your felony conviction wasn't previously able to be expunged, that the recently enacted law makes it now able to be expunged.  However, I don't know whether either of those things is true.  As before, I suggest you consult with a local attorney for advice about this.  You might even consider consulting with the lawyer who wrote the article to which I provided a link.  I am not personally endorsing him, however.

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58 minutes ago, pg1067 said:

If you're asking me what I personally think the law should be, I don't think that's relevant.  If you're asking me whether, under the recently enacted change in the law mentioned in the article to which I provided a link, your conviction could be expunged:

 

It's possible that, if you were convicted of the same offense today, it would be able to be expunged.  It's possible that, even though your felony conviction wasn't previously able to be expunged, that the recently enacted law makes it now able to be expunged.  However, I don't know whether either of those things is true.  As before, I suggest you consult with a local attorney for advice about this.  You might even consider consulting with the lawyer who wrote the article to which I provided a link.  I am not personally endorsing him, however.

Thank you for all the info.

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