Q: After you have fulfilled all parts of a plea agreement on time, does the state have the right to breach this deal?
Promised early expungement, but new States Attorney doesn't want to grant. Plea deal was reached in Harford Circuit Court, and all components of deal were met in full and on time with no additional problems.
A: If you can prove the terms of the plea deal to specifically include early expungement (which all the state can do is agree not to object to it, or consent to the request, because it is up to the judge to grant such a request), then yes, you can enforce the plea agreement and block the State from opposing early expungement or making any arguments for why it should not be granted. Generally, that means you will either have that deal in writing (which is common in circuit court cases), or you need the transcript of the plea hearing before the judge when those terms were put on the record and accepted by the judge. If those terms were not in writing or put on the record at the time of the plea, then you may have a problem.
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