Legal Question in Criminal Law in Iowa

Pleading Guilty and Then FIghting the Conviction?

Hello, in 2001 I was arrested for disorderly conduct, public intox, and minor in posession (they said having it in my blood was posession). I was taken to jail and left in--name removed--cell with--name removed--bright light inches from my face, unable to sleep, my first and only time in jail. After no sleep they roused me and asked me if i wanted to plead guilty or innocent, if i pleaded guilty they said i--name removed--have to stay in jail for the rest of the weekend (I was on vacation with some friends who would be leaving the next day so this was not an option). I did not want to upset my parents and in my the worst decision of my life I did not call them. Now I am graduating from an Ivy League university and I fear employment or law school may be difficult with 3 misdemeanors on my record. Is it possible to fight these convictions or am I out of luck because I pleaded guilty. Also, if fighting the convictions is not possible is there any way to have these things expunged from my record? Thanks for your help.


Asked on 10/26/04, 1:40 am

1 Answer from Attorneys
Robert Luedeman solo practitioner

Re: Pleading Guilty and Then FIghting the Conviction?

The time has long passed for you to file a motion in arrest of judgment or to otherwise contest these charges. With respect to the public intoxication charge you may have that set aside and exonerated because there is a provision in the Code for that. As far as the other charges go it is not possible under present law to expunge them, as there is no provision in Iowa law for that purpose except the deferred judgment statute which would have applied back then.

However your offenses are not offenses of dishonesty, violence, and/or moral turpitude and were a youthful offense that many people have experienced. Your best response is to make a clean breast of it on any application for professional or legal education. One of my fellow students at Drake had a similar story to the one you tell and it did not hold him back-he's corporate counsel for a major corporation today.

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Answered on 10/26/04, 11:25 am


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