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  1. #1
    Join Date
    Sep 2006
    Posts
    3

    Question Vacating a Conviction Based on a Misspelling

    Six years ago I was convicted of a domestic simple battery in California. Both the formal complaint and plea transcript have the victim's name incorrectly spelt by a few letters. I am trying to see if my conviction can be vacated by arguing now that I do not know of a person by that name, leave alone having a domestic relationship for having committed a domestic battery and that my defense attorney failed to advice me of not accepting a guilty plea as a result of such an error.

    If the court vacated my conviction, is there a risk of a new charge having served time and completed probation already?

    thanks.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Vacating a conviction based on misspelling

    Sorry to be the bearer of bad news - it's not going to work.

  3. #3
    Join Date
    Sep 2006
    Posts
    3

    Default Re: Vacating a conviction based on misspelling

    It indeed is a bad news. My hope of being able to stay in the country is fading.
    Is your answer "Are you kidding? it won't work" or is there even a slightest chance?

    thanks

  4. #4
    Join Date
    Jul 2006
    Posts
    392

    Default Re: Vacating a conviction based on misspelling

    Quote Quoting muralive
    View Post
    It indeed is a bad news. My hope of being able to stay in the country is fading.
    Is your answer "Are you kidding? it won't work" or is there even a slightest chance?

    thanks
    Mr.Knowitall does not kid around about something like this.

  5. #5
    Join Date
    Sep 2006
    Posts
    3

    Unhappy Re: Vacating a conviction based on misspelling

    After having looked at his other posts, I didn't think Mr. Knowitall was kidding either.
    It is my inability to digest the bad news, that I was just making sure. Thanks to both of you for the responses anyway.

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