Q: Could my record be expunged early if my lawyer was arrested and surrendered his license?
State of Oklahoma
Lawyer didn’t adequately communicate, failed to appear in court, and failed to perform work for fees charged.
4 client complaint
Arrested in 2006 as well
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (702) 463-4900
- View Profile
- Answered
A:
In Oklahoma, the eligibility for expungement of a criminal record is based primarily on the specifics of your case, the type of offense, and the time that has passed since the conclusion of the sentence or probation. The misconduct of your attorney, while a significant concern, does not automatically qualify you for early expungement.
However, if your lawyer's actions negatively impacted the outcome of your case, there may be some legal recourse. For instance, if your attorney's behavior constituted ineffective assistance of counsel, it's possible you could pursue a post-conviction relief motion. If successful, this might lead to a new trial, a modified sentence, or even a dismissal of charges.
The arrest and professional misconduct of your lawyer could bolster your argument that you received ineffective assistance. However, you'd still need to prove that their behavior directly impacted your case's outcome. Four client complaints and an arrest in 2006 could be used to establish a pattern of unprofessional conduct, but their relevance to your specific situation would be up to a court to determine.
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.
