90-96 a1 Dismissal and Discharge of Defendant

[ASUGrad]

Hello,

4 years ago I was charged with two counts of Felony posession of heroin. Long story short- plead guilty under what my lawyer told me was a 90-96 which supposedly meant I would have a clean record after 2 years probation and what-not. Well, it has been a year since completion of probation, and I currently have 2 felony convictions on my record. I have sent the paperwork for this to be expunged but filed it under 90-96e and the request was denied. I have recently discovered that the 2 judgements were done 90-96 (a1). The problem I am having is that my lawyer tells me the clerk filed this wrong as the judgements do NOT say 90-96 on them but the plea agreement I signed does. I am currently now waiting on 2 attorneys to fix the judgement (which apparantly has to be done in front of a superior court judge) then file the expunction request. Can you explain the difference between the following fields on form AOC-CR-237

Expunction of records under-----90-96 b,d,e

and

Dismissal of charges and discharge of defendant under ----90-96 a

I have put off my last semester in school over the summer to get this straightened out but am getting nowhere. I am set to be done in December and know this may take 6 months or so once filed but am still unclear on what to do. If this was indeed a 90-96 a and I file under the latter, will my record be clean or will I still have to expunge the records of the charges?

Thanks for any help on this matter

[aaron]

This would be in North Carolina?

[ASUGrad]

Aaron,

Sorry so long to reply. Yes, this is in NC. Still waiting on my attorney but he has yet to do anything. I have put off my graduation date a semester as I am trying to get this cleared up before job interviews. Already put off 1 great job opportunity as well. Really getting worried at this point.

[Mr. Knowitall]

There are a lot of helpful instructions on the North Carolina expunction process available here.

[ASUGrad]

There are a lot of helpful instructions on the North Carolina expunction process available here.

Yes, I have already read those as well. However, I am 28 (over 21) and it appears this may not be an expungement but a dismissal and discharge. (This is where I am confused and still unclear as to what this entails. The AOC-237 form seems to be for both processes.

[Mr. Knowitall]

Try asking the clerk at the county courthouse if you can get a copy of the form.

[ASUGrad]

Try asking the clerk at the county courthouse if you can get a copy of the form.

Yes, I have dealt with the clerk numerous times up until now and they are sick of me. I have the copies of the form and they are online as well.

http://contracts.chooselaw.com/state.../form12201.pdf

The problem, as I stated somewhat earlier, is that the judgement does not say 90-96 on it. The plea agreement I signed as well as the clerks calendar notes all say 90-96 sentencing (which I have copies of). The clerks tell me it cannot be fixed on the judgment without a superior judge's approval. (Even though they will just just scribble "90-96" at the top of it). This is what I have now been waiting on 2 attorneys to get the judge to fix for 6 months and they have not. I already sent the form to SBI once but was ill advised once again by my attorney and did not "check" the box for 90-96a (which is for the dismissal and discharge portion of the form) (Please see form above) I am assumming this will at least get the convictions off right? Do not want to send it in again though until the judgement is fixed as I have to wait so long to see if its rejected everytime and I am now running very close to getting a job (though not likely at this point) and graduating and need these things cleared up.

I don't get it. I think I have discovered what happened, what needs to be done etc. but am helplessly out of luck as the D.A., the clerks, the Superior Court Clerk (who is the DA's wife) all basically tell me to go to hell more or less. I did not plea to 2 felony charges under a 90-96 judgment with the slightest idea that in the end of my deferred sentence I would have 2 felony convictions (nor was I told this by my attorney). The convictions I now have are far worse than what a jury probably would have found me guilty of anyway in a trial. Obviously, I was either ill-advised by an attorney, hoodwinked by the system or just dealing with the collateral damage caused by a lazy, imcompetent attorney (who's head seems to obviously be far up his ass). I was told at the end of probation (2 years) I would not have any felony convictions while I knew I may have to expunge the charges still.

Are there any attorneys in western NC who are efficient as well as competent? I sure as hell would like to know one exists- not to mention retain immediately to straighten this disaster out immediately.

Or at least can anyone verify that under a 90-96a judgement, the conviction(s) will stand at the end of the probationary period until the appropriate form is filed and sent in? AOC-cr-237 in this case.

[ASUGrad]

Are there even any attorneys in NC on this site periodically? I am assumming some of you at least are attorneys right? Can anyone suggest a good attorney they know in NC? Its like I am drawing straws with them and they are all coming up short, and time is of the essence at this point. Thanks. Sorry if I come across as pissed (it is solely directed to the situation I am now trying to dig myself out of and I get nothing but my attorney pointing the finger at the clerks and them doing vice-versa at him) I do not care who screwed this up and I am willing to pay for someone else to fix it. I have been through 2 of these jokers as far as I am concerned- and not even a hint of anything has been done to this point.

[aaron]

You may wish to try the available referral services.