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Can I File a Motion for Appropriate Relief

On Lawyer & Legal » criminal law & procedure

1,742 words with 2 Comments; publish: Sat, 28 Mar 2009 14:17:00 GMT; (80093.75, « »)

My question involves court procedures for the state of: North Carolina

On 01/01/1991 while a passenger in the car, my then boyfriend was pulled over and arrested for dwi. Without realizing the seriousness of my actions I refused to release my boyfriend's arm so that he could be placed into the officers vehicle. On 03/15/1991 I was convicted of a misdemeanor in Halifax County NC, which was classified as resisting arrest/obstructing a public officer. I was told that I could not get this expunged because at the time I was 25yrs old and I pleaded guilty. I am now 42yrs old and I want to get my case back into court by filing a motion of appropriate relief to see if the judge would remove this obstruct/resist charge of my record. I have not had anything on my record (other than minor traffic violations) before or after this incident. Thank you for your time.

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  • 2 Comments
    • I don't know what the grounds would be or what the qualifications are; this is why I posted the question "Can I file a Motion for appropriate relief"

      Initially I was attempting to get the matter expunged and was told by a magistrate that was not going to happen because my case did not meet the qualifications for an expungement. It was suggested that I file a motion for appropriate relief. I have not yet searched for a lawyer because my funds are limited, which again is why I am posting here. Thank you for your input.

      #1; Tue, 31 Mar 2009 12:17:00 GMT
    • The grounds for relief would be what?

      Post-conviction relief is always a long-shot, and I'm not seeing what your basis for relief would be other than "I don't like the fact that I have a record." I suggest that you discuss your options with a local lawyer who specializes in post-conviction matters.

      #2; Mon, 30 Mar 2009 08:31:00 GMT