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
Answered
  • 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.

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