Q: I was ill advised by legal council to enter an Alford plea.
I was also told that all I had to do was be patient and on the 1st year anniversay of the conviction that the records would automatically be sealed. After doing some research, I understand that the only way to qualify for expungement is to be pardoned. Can I request a pardon based on the fact that I was ill advised by legal council?
A: The problem is: prove what counsel told you. If it was not in writing or recorded, counsel will likely deny advising you that after a year, the conction would automatically be “sealed”, because that is is so blatantly wrong. It is a long shot to convince a circuit court judge to expunge a conviction when the governor has granted a pardon. But you have nothing to lose and everything to gain by applying for a pardon. Hire an attorney who does pardon applications and know that a response from the governor’s office takes about 2 - 2.5 years.
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.