Fargo, ND asked in Criminal Law for North Dakota

Q: If a charge is sealed, verdict changed from guilty to not guilty and signed by judge. Can it be used for a 2nd offense?

For intent to delivery a controlled substance

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1 Lawyer Answer
Nicholas Nelson
Nicholas Nelson
  • Criminal Law Lawyer
  • Wahpeton, ND
  • Licensed in North Dakota

A: Your question is someone of a complicated one. Even when records go off the public record, the government can still access them. I would certainly argue that the "not guilty" charge should not count as the "first" charge, as you were "not guilty". Note - cases are highly fact dependent and I cannot give adequate legal advice without first discussing with you the particular details of your matter in their entirety. That being said, those are my initial thoughts. Good luck!

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