Little Rock, AR asked in Civil Rights, Constitutional Law, Libel & Slander and Criminal Law for Arkansas

Q: How to get a Terroristic Act that someone else admitting to doing at the trial, sealed from my record?

I have Power of Attorney for My fiancé, how do I go about helping him to get a Terroristic Act that he did not commit (sealed) from his record? He did not commit the crime & the person who actually did do it, attended the hearing and testified that he did it and not my fiancé. Currently my fiancé is being held in jail for an unrelated crime but they are only holding him based off the Terroristic act that is showing on his record. We do understand that the Terroristic Act can't be “expunged”; however we are seeking counsel on how to at least obtain the court transcript so that the judge can see/factor that someone else testified to doing the crime and or find a recent past court case showing that "Terroristic Act" can’t be used to career a person out.

1 Lawyer Answer
W. Whitfield Hyman
W. Whitfield Hyman
  • Criminal Law Lawyer
  • Fayetteville, AR
  • Licensed in Arkansas

A: If it is a misdemeanor conviction you have at least 90 days of waiting after you file for the expungement (in this case, a seal) before it is granted, if it even would be with pending charges. If it is a felony then you might have other issues you will run into that will prevent you from sealing it.

Hire a lawyer and have them figure it out.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.