Q: I was not told about 1st offender in 2013 for a family violence misdemeanors, can I now I use it retroactively?
I'm in a strange position, because of the family violence misdemeanors I'm not able to have a firearm, but I'm not a felon and there isn't a clear path to restore those rights. Pardons are for felons, so I can't go that route. When I was convicted my Lawyer never told me about 1st offender pleas I assume since it was not a felony charge. Now Almost 10 years later I'm still stuck with this and don't understand how to move on. Is retroactive 1st offender an option? Or is there another answer?
A:
In short, the time that the law gives you to petition the court to withdraw your plea has expired. (Hence, the law is not on your side) As such, you would need a prosecutor/solicitor to consent to a withdrawal in order for sentence to be undone. Thereafter, the judge would have to accept the new-modified sentence as a first offender plea (he/she does not have to accept the modification).
I would recommend that you speak with a local criminal attorney in the jurisdiction where you entered the original plea. Those attorneys would be able to advise you whether this is something that is typically consented to in that jurisdiction and accepted by those judges. Good luck
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