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  1. #1

    Default Child Pornography And The Legal System

    My question involves criminal law for the state of: I am prior military, discharged on possession of child pornography and knowingly possessing child pornography...Now these are my questions about my conviction which I pleaded guilty to.

    1) I was charged with a felony misdemeanor. I understand that a felony (which is a serious charge) is based on how long of a sentence you COULD have, which is one or more years. What is a felony misdemeanor?
    2) Can one have non-sexually related charges, despite the material be sexual in nature? I got child porn through a combination of downloads and working on other people's system, it was not intentional for the downloads and I believe the bulk of the material came through consequence of my doing backups of other people's flies when I did on the side computer jobs.
    3) Its been over 3 years since I have served my jail sentence (I got out April 05 on clemency). What can I do to try and get the charges expunged?
    4) So, far I have not shown up in the system as having a felony, despite the conviction. I mean I have been able to get my G.I. Bill, financial aid, live in public housing with relatives, and get called for jury duty. I am also not in the National Sex Offender's Registry nor do I have to sign up as a sex offender in the state I am in. How much does this help or hurt me in trying to get my life back in order legally?

    Thank you so much for your help and wisdom.


    Fenrir, NY

  2. #2
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    Default Re: A Question About Child Pornography And The Legal System

    Quote Quoting Fenrir_Ex_Devil_Dog
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    1) I was charged with a felony misdemeanor. I understand that a felony (which is a serious charge) is based on how long of a sentence you COULD have, which is one or more years. What is a felony misdemeanor?
    Perhaps it's a statute that can be charged either way - what California calls a "wobbler". You were convicted of one or the other, not both.
    Quote Quoting Fenrir_Ex_Devil_Dog
    2) Can one have non-sexually related charges, despite the material be sexual in nature? I got child porn through a combination of downloads and working on other people's system, it was not intentional for the downloads and I believe the bulk of the material came through consequence of my doing backups of other people's flies when I did on the side computer jobs.
    You indicate that you've been convicted, so what's the point of this question? Your conviction charge is your conviction charge.
    Quote Quoting Fenrir_Ex_Devil_Dog
    3) Its been over 3 years since I have served my jail sentence (I got out April 05 on clemency). What can I do to try and get the charges expunged?
    This was a federal charge? Expungement is not an option.
    Quote Quoting Fenrir_Ex_Devil_Dog
    4) So, far I have not shown up in the system as having a felony, despite the conviction. I mean I have been able to get my G.I. Bill, financial aid, live in public housing with relatives, and get called for jury duty. I am also not in the National Sex Offender's Registry nor do I have to sign up as a sex offender in the state I am in. How much does this help or hurt me in trying to get my life back in order legally?
    It doesn't sound like it has hurt you much at all. We don't know anything more than you've told us, which isn't much, so what more are we supposed to say?

  3. #3

    Default Re: A Question About Child Pornography And The Legal System

    Perhaps it's a statute that can be charged either way - what California calls a "wobbler". You were convicted of one or the other, not both.

    It just sounds weird to me.

    You indicate that you've been convicted, so what's the point of this question? Your conviction charge is your conviction charge.

    I know. But, I guess what I am getting at is this...I was just wondering if I could use this to fight for a higher upgrade and a change to certain codes in my discharge from the military. A part of me feels that the most of the case was handled poorly by my lawyer and the prosecuter.

    This was a federal charge? Expungement is not an option.


    This is not what I have been told. But, then again, I was also adviced that because I made clemancy (which essencially reduced my sentence), that I would not have to worry about things like expungement or pardons. That basically I am not in the system.

    It doesn't sound like it has hurt you much at all. We don't know anything more than you've told us, which isn't much, so what more are we supposed to say?

    It has hurt me a lot. I mean, granted, if the above statement is true about clemancy, which means I can stop putting down that I was convicted of a crime, it hurts me in that I would love to join the Army, however, the reenlistment code makes that impossible. And forget about government jobs, I highly doubt they are going to take me based on my character, which has never faultered throughout this whole ordeal.

    And I am sorry about the lack of information, I don't know exactly what is safe to put down based on the guidelines of this forum.

    Thanks for your advice and maybe you can give me a hint at what information about my case I can put down.


    Fenrir, NY

  4. #4
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    Default Re: A Question About Child Pornography And The Legal System

    Quote Quoting Fenrir_Ex_Devil_Dog
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    This is not what I have been told. But, then again, I was also adviced that because I made clemancy (which essencially reduced my sentence), that I would not have to worry about things like expungement or pardons. That basically I am not in the system.
    Well, you're certainly free to take your information from whomever it is who is counseling you. For all we know, they're as reliable as a "Magic 8 Ball".
    Quote Quoting Fenrir_Ex_Devil_Dog
    And I am sorry about the lack of information, I don't know exactly what is safe to put down based on the guidelines of this forum.
    And we can't really help you out without more details. So talk to a federal criminal defense lawyer.

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