Legal Question in Criminal Law in Guam

Is her record expunged?

My sister entered into a deferred plea agreement for a 3rd degree

felony drug conviction. After completing rehab and paying her

fine, she requested the case be closed. Since she had good

behavior and no positive drug tests, the judge closed her case

early. The only part of the agreement that was not fulfilled was the

3 year probation since the case was closed early. She did not

formally request her record be expunged since she assumed that it

was already part of the deferred agreement. Is it safe to apply for

jobs or school? How can she find out beforehand if her record has

been expunged? (She has moved to another state.) Is it required

to verbally request in court your record be expunged when it is

already a signed part of a deferred plea agreement? She

represented herself during the last few months and closing of her

case.


Asked on 3/18/03, 5:54 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Is her record expunged?

NO. Expungement requires a seperate formal motion proceeding to the court, after all terms of sentence and probation are completed, plus at least one year without further arrest or charges. If interested in discussing having that done, contact me.

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Answered on 3/18/03, 6:23 pm


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