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  1. #1
    Join Date
    May 2011
    Posts
    2

    Default How Can I Get Rid of a Misdemeanor in Missouri

    My question involves criminal records for the state of:

    I was charged with a misdemeanor 10 years ago. I was attacked my 11 men (I am 110 pounds) and I drew a handgun to make the guys flee. The guys did back off but I was arrested because drew a gun that wasn’t registered to me. My lawyer said that if I wouldn’t have admitted to drawing the gun, that the police would have released me. I was punished for defending myself and telling the truth! I have no other criminal record. My lawyer arranged a bargain with the prosecuting attorney that put me on unsupervised probation for 2 years along with the misdemeanor charge. My other option was trial with the risk of going to jail for up to 6 months. In Missouri the only charges that are eligible for expungement are DUI/DWI type charges. What are other options in Missouri to get rid of this charge? Would the charging judge be able to reverse the decision if I contacted him directly? Would it do more harm to file an appeal to a hire court or should I leave the charge alone since it happened 10 years ago? Can the record be sealed?

  2. #2
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: How Can I Get Rid of a Misdemeanor in Missouri

    So you took a plea, stood in court and admitted you were guilty of a crime? It sounds to me like there is more to the story. Most officers, if faced with a story of an 11 on 1 fight, could reasonably believe that the 1 was in fear for his life. Of course, if none of the 11 were armed, that might go the other way. When you say the gun wasn't registered, what do you mean? Missouri does not require registration so I'm guessing you did not have the appropriate license to carry it. What exactly were you charged with and what did you plead to? To answer your questions, in the order they were asked:
    None, No,Your time to appeal has long since passed even if you had a valid reason to appeal(which I don't see on the limited facts presented),no.

  3. #3
    Join Date
    May 2011
    Posts
    2

    Default Re: How Can I Get Rid of a Misdemeanor in Missouri

    The handgun was registered in my friend’s name. Long story made short, we drove up to a gas station (2 girls and a guy in the vehicle with me) at 1am to get fuel. After I paid for the gas in the gas station, a random guy came up to me and asked for me number. I declined so he stuck his hand under my skirt on the way out the door. We exchanged words and on my way back to the car he came walking up behind me with 10 other guys. They were locals in the town and I was a college student there. He started slapping me around and attacked me. He pushed me to the ground and started kicking. The guy that was riding in the car with me jumped out and tried to help, but with 11 men against just us 2, they clearly beat us to pieces. One of the ladies that were still in the car drew her registered handgun. I was able to make it back to the car but my male friend was not. So I took my friend's registered handgun out of her hand and went back to the scene of where my male friend was almost unconscious to make the 11 guys flee. They did flee. I pulled my nearly unconscious friend back to the vehicle in hopes of me and him making it to the hospital (I needed 30 stitches in my face and he got over 50 in his head) but we were later found by the police and arrested. I was held because I confessed to waving the gun to make the guys flee. 9 of the 11 guys were arrested because they either had warrants or illegal items on them. I was charged with attempted unlawful use of a handgun. I had just turned 18 about 2 months earlier so it I was charged about 10 years ago. I got a lawyer. After months of court and debating with the prosecutor (supposedly she was against civilians carrying firearms) about how I was defending myself, they offered me choices: take a plea bargain or go to trial and risk going to jail. I wanted to go to trial because I knew that the general public would find this entire situation to be complete craziness and would take into consideration that I was 110 pounds, attacked my 11 men, a 4.0 student who had never been in trouble except for a traffic ticket. But my parents suggested that I take the plea bargain to be done with it and not risk going to jail. I, being only 18, was scared and not really knowing the law listened to my parents and my lawyer and took the plea bargain. I was charged with a Misdemeanor SIS sentence attempted unlawful use of a weapon. I was sentenced to 2 years of unsupervised probation.

  4. #4
    Join Date
    Sep 2005
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    Posts
    98,846

    Default Re: How Can I Get Rid of a Misdemeanor in Missouri

    Other than for arrests based on false information, inapplicable to your case, I'm not seeing a path to expungement.

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