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  1. #1
    Join Date
    Nov 2005
    Location
    Georgia
    Posts
    1

    Default How do I get a Misdemeanor cleared from my record

    I got caught in a difficult situation 13 years ago that ended up with my lawyer advising me to plead guilty to a misdemeanor of theft as he said it would be espunged but wasn't.
    Details:
    I had started my own telecom consulting and equipment maintenance company in 1992 in Southaven MS. After several months of business I was contacted by an out of town representative of a company claiming they held the maintenance contract for the telephone system of a major insurance company branch in Memphis TN. They indicated they needed a local company to take over the maintenance on a subcontract basis. They needed some work done immediately to change out some printed circuit boards in the communication system and would send me the replacement cards. I was looking for business any where I could get it and agreed to change them as soon as I received the cards. A few days later as I was out working in the area near the insurance company, I received a call from my nephew who was staying at my home that the cards had arrived late one afternoon, so I went to the large insurance company to find out if I would be able to exchange the cards after business hours. I identified myself to the security guard, showed my Identification and explained what I was there to do. I was led to the equipment room and removed the cards and told the guard I would return with the replacement cards. I went to my home retrieved the cards, boxed the old cards in a FEDEX box provided, dropped the box in a FEDEX Drop Box as I returned to the site. Upon arrival I entered the building to find a local telecom company representative working on the telephone system. I knew this person as I had worked for his company for several years in a prominent engineering management position. I asked him what he was doing there and he said he had been called by the security guard when the guard had discovered his phone not working. After discussing the situation with the local compay rep I discovered the local company actually had the maintenance contract for the insurance company. Well when the guard heard this he called the Insurance company telecom mamnager. When I told the Insurance company telecom manager how I had become involved the manager called the Memphis PD. After explaining what had happened to the PD shift commander he asked if anything was missing, and was told no. So he told me I was free to go. Then he told one of the Polic Officer's to check for warrants on me which I knew would be clear. However the officer was told on the radio there was an outstanding warrant for me. Well needless to say this is when everything got ugly. I was thrown against the wall, handcuffed and taken to the jail. Upon arrival I asked what I was being chared for. After about 3 hours sitting in a holding cell with all types of fould people a Police Officer came out holding a index card and said I had failed to appear in court on a certain date for burglary. I asked to look at the card and found it was for someone named Rita Chant, Black Female! I am a white male!!! I asked who Rita Chant was and she said, "Thats yo alias"!! I told her "Listen woman, my name isn't Rita Chant, I don't even tan well, and it ain't much but I'm sure what I have clearly claissifies me as a male"!!!! Well, she sais "give me your thumb print". She left and came back a while later and said "that ain't you". I said Iknow it's not me and I want out of this place now. I started demanding them to take me to my car and also let it be known how I was going to sue them for false arrest. BIG MISTAKE!!!
    A big officer came out grabbed me by the neck and I was put in lockup for futher investigation and was held there for 3 days until my parents got a lawyer who told them to charge me or let me go. Well they charged me with Felony Theft! But In the court the prosecuting attorney immediately reduced the charge to misdemeanor theft if I pled guilty. I did not want to plead guilty because I had not done anything wrong but my attorney convinced me it would be cheaper and easier to plead guilty to the charge as it was the same as a speeding ticket and he would get it espunged. Well the judge would not espunge the charge due to my RECORD??? I asked him what record and he started yelling at me if I questioned his authority again he would not allow me to plead and he would put me back in jail. Well my attorney told me to shutup and thats how it ended. I have no record for any conviction. I think the judge was looking at the record of Rita Chant since they had me mixed up with her to begin with.
    I never found out who the person was that contacted me as the telephone number he gave me suddenly quit working. I have suspicions that this was a means of someone swapping stolen cards out of a known system for untracable cards but this is only a hunch.
    I know it is just a misdemeanor bu it hurts my pride. How do I fix it?

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

    Default Georgia Expungement Law

    Georgia appears to permit expungement only where:

    * Criminal charges against the applicant have been resolved without a conviction and the applicant has not been convicted of a crime in the past five years; or

    * The applicant has a juvenile record, but was not adjudicated delinquent.

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