QUESTION
Tresspassing Charge from being drunk in a casino, could I avoid the charge? Arrest record be expunged?
Asked on Apr 26th, 2013 on Criminal Law - Colorado
More details to this question:
I’m a 31 year old guy who got a ticket for trespassing in a casino, basically had too much to drink and didn't know where I was. They took me to jail for the night. I’m wondering if I can avoid the charge, I’m thinking a plea bargain to do some kind of alcohol counseling would help, seeing I have no record, and then the case would be dismissed.. I’m going to try for that first on my own, then get a lawyer if I’m not successful in that. I’ve also thought about contacting the casino directly and speaking to their police department and apologize, and ask for a dismissal of charges. But, the arrest would show up on my record, can this EVER be expunged or sealed?
6 ANSWERS
Michael J. Breczinski
It is not the arrest that you have to be worried about. It is the conviction. that is what you want to avoid. Anyone can be arrested for anything, only convictions count.
Answered on Apr 29th, 2013 at 9:11 PM
No, an arrest can not be expunged or sealed. Expungement is possible only if you were arrested based on false information and you were not charged with anything, which is not the case in your situation. I don't believe apologizing to the casino police will do any good. Your best bet is to hire an attorney to handle this for you and hopefully plea-bargain it down to a lesser offense.
Answered on Apr 29th, 2013 at 4:03 AM
Criminal Defense Attorney serving Bloomfield Hills, MI
Partner at
Law Offices of Marshall S. Tauber
2 Awards
Yes it can be expunged 5 years later if this is your one & only conviction for anything. Bad idea to handle this plan without counsel. Do you try to do a tooth examination without a dentist? No lawyer could mean the difference between case dismissed & record of conviction.
Answered on Apr 29th, 2013 at 3:53 AM
Accident Attorney serving Jackson, MS
at
Anders Ferrington, PLLC
Update Your Profile
Please get a lawyer first. It is a lot easier to take car of things on the front end then try to undo actions made by an unrepresentatived client.
Answered on Apr 29th, 2013 at 12:26 AM
Arrest records cannot be expunged, but you can do yourself a favor by hiring a good lawyer so you don;t get convicted of the trespass.
Answered on Apr 29th, 2013 at 12:16 AM
3 Awards
DA might give you that. Its in the DAs hands, so just wait to talk with them. But, you might write an apology letter to show DA when you go (as a part of negotiations). Do not contact the casino - you probably have a no contact order. Contacting them may make things much worse.
Answered on Apr 28th, 2013 at 10:38 PM