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About Robert Paisola
Expertise
Before we start, take a moment to visit www.RobertPaisola.com to learn about what I do!
Robert Paisola is perhaps one of the most informed "non-attorneys" on AllExperts.com and is a national activist for prisoners rights. Robert will answer your questions about the criminal justice system in America. If you have been puled into this system, Robert will tell you how it is and what you MUST DO to protect yourself. Robert Paisola is the CEO of Western Capital and has established a foundation to rehabilitate former inmates and speaks to offenders in correctional institutions around the world creating change on a worldwide scale. Robert Paisola is the person that the worldwide media looks to when inmate and prisoner issues get hot! Robert Paisola has established a foundation at www.WesternCapitalFoundation.com to assist former offenders and a Venture Capital Fund at www.RobertPaisola.org to fund ex felon business ventures. Also watch the VIDEO on www.WesternCapitalFoundation.com to see Robert Live on MSNBC defending inmate and ex-prisoners rights.

Experience
Robert Paisola has the experience to simply tell it like it is. He is a national motivational speaker and is a current senior member of AllExperts.com

Organizations
I am the CEO of a foundation that was created to assist past offenders in moving on with their lifem and am routinely interviewed by the media on Prisoners Rights, and the Federal Justice System.

Publications
Robert Paisola has appeared as a guest on CNN, ABC NEWS and Many other media outlets and is a recognized expert in the Media Blue Book at www.expertclick.com/19-2637 and is listed on Allexperts athttp://www.allexperts.com/displayExpert.asp?Expert=38419 or visit www.RobertPaisola.com


Routinely Distinguished by The National Speakers Forum, Robert is also a regular contributor to Business Week Magazine, CNN, CNNFN, XM Satellite Radio, The Wall Street Journal, Telemundo International, National Public Radio and many other organizations.
If you are looking for personalized service, Robert now has a reduced fee schedule for AllExperts.com members at:
http://www.mycollector.com/news_vipservices.html
Do you want to see Live Video Results? Click Here!
http://kdka.com/video/?id=17721@kdka.dayport.com For more information on Robert Paisola's unique training programs, contact Robert at Western Capital at robert@mycollector.com or at 1-877-517-9555

Education/Credentials
Education has NOTHING to do with this topic. When the Feds pick up your son or daughter you want FACTS, Not a bunch of case sites. But yes, I have the education to assist even the hardest cases.

Awards and Honors
Too many to list, but I do not do this for the prestige. I do this to ensure that the families that are effected by the actions of their loved ones can be counseled correctly PRIOR to paying an attorney a 25-100K retainer, that in many cases means absoultely nothing, especially in the federal system.
See www.Criminon.com
Read this also, http://www.collectionindustrylive.com/news_offenderassistance.html



URGENT OCTOBER 2008 NEWS UPDATE- THIS IS THE KIND OF QUESTIONS THAT I RECEIVE... I WANT EVERYONE WHO READS THIS TO NOTICE WHAT IS HAPPENING WITH OUR YOUTH TODAY... NOTICE HOW THEY ARE PLANNING TO COVER THEIR ASS BEFORE THEY COMMIT THE CRIME? YOU AS AN AMERICAN CITIZEN HAVE A VOICE..... USE IT! WHAT WOULD YOU DO IF YOUR SON WROTE ME? SOMETHING TO THINK ABOUT.... IF YOU ARE IN THE NATIONAL MEDIA, GIVE ME AIRTIME TO DISCUSS THIS TOPIC. THESE KIDS CAN BE SAVED, IT IS UP TO ALL OF US... *DISCLOSURE-THE LANGUAGE IS HARSH- BUT THAT IS WHAT IS NEEDED TO REACH THESE KIDS- IF YOU CAN NOT HANDLE THE FOUL LANGUAGE, FIND A LOCAL ATTORNEY WHO WILL CHARGE YOU 5K TO DO NOTHING!

Name: nate

Subject: armed robbery

Question:

Dear Mr. Paisola, I have a friend who is above the age of 18 who needs some advice. He and another person are planning on robbing a store. possibly a 7-11 type store. Guns could be involved. We all live in Maryland. If they are caught, what is the maximum and minimum punishment they can receive. I know that it all depends on their previous records which i don't know and who the judge might be and other specifics like that. i would just like to know the worst and best case scenario. thank you very much

Answer: NATE-

LISTEN TO ME CLEARLY..... I AM NOT COMING OUT OF LEFT FIELD ON THIS ISSUE AND YOU NEED TO LISTEN TO ME CLEARLY.

YOU ARE FUCKING AROUND WITH THE FEDS. THEY WILL NAIL YOUR ASS TO THE WALL FOR 5-10 YEARS. THIS IS NOT A GAME.

NATE, DO NOT DO THIS. IT IS NOT WORTH IT. WHATEVER YOU NEED, I CAN HELP YOU IN ANY WAY THAT I CAN, BUT DO NOT USE A GUN IN THE COMMISSION OF A FELONY.

TRUST ME BROTHER, I HAVE SEEN PEOPLE GET LOCKED UP FOR A LONG TIME FOR STUFF LIKE THIS. THE FEDS DO NOT SCREW AROUND.

YOU WILL BE AT A PARTY GETTING HIGH, AND THE UNITED STATES MARSHALS WILL BREAK DOWN THE DOOR AND TAKE YOU TO COUNTY JAIL, WHERE YOU WILL GET NO DRUGS, NO WITHDRAW MEDICATION AND WHEN IT IS ALL OVER YOU WILL BE IN PRISON.

DO YOU HEAR ME?

IF YOU NEED TO TALK, CALL ME AT MY OFFICE

YOU GUYS ARE NO LONGER KIDS, THE COURTS WILL EAT YOU ALIVE. TRUST ME ON THIS.

NOW, TAKE 2 MINUTES AND LEAVE FEEDBACK ON THIS SITE, AS I JUST KEPT YOUR ASS OUT OF JAIL.

NOW, THAT IS KEEPING IT REAL, AND I PROMISE THAT YOUR PARENTS NOR AN ATTORNEY WOULD TELL IT LIKE IT IS, JUST LIKE THAT!

WITH DEEPEST REGARDS,

Robert Paisola Chief Executive Officer Western Capital Financial Services and The Success Training Network www.MyCollector.com
www.MySpace.com/westerncapital
www.WesternCapitalFinancial.com
www.tstndirect.com
www.WesternCapitalCredit.com
www.RobertPaisola.Net
www.RobertPaisola.Com
www.RobertPaisola.Org
Also, because of the large volume of mail that I receive from around the world, it may take up to a week to get back to you, PLEASE UNDERSTAND THIS!!! I do seminars and travel all over the world, so Please be kind in your ratings of Timeliness! If you have an emergency, go to www.WesternCapitalVip.com Immediately!

 
   

You are here:  Experts > News/Issues > Crime/Punishment > Criminal Law > Had Assault in Georgia 11 years Ago- Can I get an expungement- Robert Paisola Responds

Criminal Law - Had Assault in Georgia 11 years Ago- Can I get an expungement- Robert Paisola Responds


Expert: Robert Paisola - 8/24/2007

Question
i have a felony conviction(georgia)which occurred 11 years ago. i'ved had no run-ins with the law since. i'm trying to get in to med school. can i get an expungement in ga for assault and move on with my life?

Answer
Hello Mel,

Congratulations for taking on your life and truly making something of yourself. I am so glad to see that you have gone 11 years without any kind of incident.

I went to the Atlanta Legal Aid Society Page and found this for you....

If you have ever been arrested or convicted of a crime, your criminal record is likely to be stored in a national or state database. The Georgia Crime Information Center (GCIC) keeps a record of all of your arrests or convictions in the state of Georgia . Often employers require a GCIC report to get a job. Public agencies may also require a GCIC report to get and keep public benefits. For these reasons, it is important that this report be accurate and reflects only the criminal history that is required by law.

Georgia law allows you to clear your criminal record maintained by the GCIC in certain instances. There are several steps you can take to clear your record, but they do not all bring the same result. First, you can contest the accuracy of information on your GCIC report. Second, you can seek expungement or removal of the arrest record for certain types of arrests in certain situations. Last, if you were convicted of a crime, then you can seek to restore your civil rights or get a pardon for your crimes. Restoring your civil rights and getting a pardon, however, will not erase the record from the GCIC report or undo your crime or conviction. By taking the following steps, you can make sure that only the information that is required by law is on your GCIC report.

STEP 1 : GET A COPY OF YOUR GCIC CRIMINAL RECORD AND CHECK IT FOR ACCURACY.

You can get a copy of your GCIC from your local police department or sheriff's office. There is usually a small fee, around $10.00, and you will need to show identification in order to get your record.

If your GCIC report contains information about another person (who may have used your name or social security number for instance), or the information contained on it is not accurate, then you can contest the report. To find further information about contesting the accuracy of the report go to the GCIC website at  http://www.ganet.org/gbi/gcic.html  or call the GCIC's criminal records department at (404) 244-2639.

STEP 2 : IF YOUR GCIC REPORT SHOWS THAT YOU WERE ARRESTED FOR A CRIME BUT NOT CONVICTED, THEN YOU MAY BE ELIGIBLE FOR EXPUNGEMENT .

Please remember, expungement applies in very limited circumstances and there is no absolute right to expungement of records. It will not be ordered just because a person asks for it. Official Code of Georgia Annotated § 35-3-37 (d) explains under what circumstances an expungement can be granted.

ARREST RECORDS CAN ONLY BE EXPUNGED IF:

1. No other criminal charges are pending against you; and

2. You have not been convicted of the same or similar offense within the last 5 years .

ARREST RECORDS THAT CAN BE EXPUNGED :

A. No Indictment or Accusation was filed because:

1. You were arrested, but were released without the offense being referred to the prosecuting attorney for prosecution, or

2. The prosecuting attorney dismissed the charges without seeking an indictment or filing an accusation.

B. An Indictment or Accusation was filed, but:

1. The charges were “nolle prossed,”

2. The charges were dead docketed, or

3. The charges were dismissed.

HOWEVER, if one of the following circumstances apply, expungement is NOT possible (O.C.G.A § 35-3-37 (d)(7)):

A. Charges were dismissed because of a plea agreement that resulted in a conviction for an offense arising out of the same underlying transaction or occurrence as the conviction.

B. The government was barred from introducing material evidence against you;

C. A material witness refused to testify or was unavailable to testify against you, unless the witness refused to testify based on his or her statutory right to do so;

D. You were in jail on other criminal charges and the prosecuting attorney decided not to prosecute for reasons of judicial economy;

E. You successfully completed a pretrial diversion program that did not specifically provide for expungement of the arrest record;

F. You were arrested for conduct that was part of a pattern of criminal activity which was prosecuted in another court of this state, the United States , another state, or foreign nation; or

G. You had diplomatic, consular, or similar immunity or inviolability from arrest or prosecution.

RECORDS THAT CANNOT BE EXPUNGED:

1. First Offender pleas; and

2. Nolo Contendere pleas.

HOW TO APPLY FOR EXPUNGEMENT:

To have your arrest record expunged, you must go to the agency that arrested you, such as the police department or the Sheriff's office. If you have several arrests by different agencies, then you must go to each agency. The agency will give you the forms you need to fill out. The forms are usually free; however, some agencies may charge a fee. Under the law, the fee cannot be more than $50.00.

Generally, the form requires basic identifying information such as name, date of birth, social security number, and address. You will also need to know the name of the arresting agency, the date of the arrest and the offense for which you were arrested.

After you fill out the forms, make a complete copy to keep for yourself, and then give the originals back to the arresting agency. The agency will send the papers to the district attorney or solicitor general's office. The prosecuting attorney then determines whether you meet the criteria for expungement.

If the prosecuting attorney approves your request to expunge your arrest record, the agency will notify the GCIC. Within a reasonable time (this could be several weeks or months), the GCIC will expunge your arrest record.

If the prosecuting attorney denies your request for expungement, you can file a lawsuit in the Superior Court of the county where the arresting agency is located. The lawsuit must be filed within thirty (30) days of receiving the denial. This is a much more difficult process, and we recommend that you hire an attorney.

STEP 3 : IF THERE ARE CRIMES REPORTED ON YOUR GCIC THAT ARE NOT ELIGIBLE FOR EXPUNGEMENT, YOU MAY SEEK TO HAVE YOUR CIVIL RIGHTS RESTORED OR GET A PARDON.

There are only two requirements to get your civil rights restored:

1. You must finish serving all your sentences; and

2. You must live in Georgia , or your request must involve a conviction from a Georgia court.

There are several requirements to qualify for a pardon:

1. You must finish serving all your sentences AND then wait at least 5 years before requesting a pardon,

2. You must be a law-abiding citizen after you finish serving your sentences,

3. You cannot have any other criminal charges pending against you; and

4. You cannot have any unpaid fines.

5. Your request must involve a conviction from a Georgia court. ( Georgia CANNOT pardon convictions from other states or from a federal court on federal charges);

HOW TO APPLY TO HAVE YOUR CIVIL RIGHTS RESTORED, OR FOR A PARDON

1. To apply for either, you must fill out an application and mail it to the Georgia State Board of Pardons and Paroles, 2 Martin Luther King Drive, Ste. 458, Balcony Level East Tower, Atlanta, GA 30334-4909.

2. You can get the application from the Parole Board by calling them at (404) 657-9350, or see their web site at http://www.pap.state.ga.us/.

3. There is no fee for submitting the application. Once you have submitted the application, the process takes at least six months.

A FEW CLOSING RECOMMENDATIONS

If you are ever arrested for a crime, you should talk with your attorney about possible implications for your criminal record. It is possible that a plea agreement could specifically provide for expungement of the arrest record.

This brochure applies only to your criminal record maintained in the state of Georgia . Other states and national crime fighting organizations may have a record of other criminal activity. You should contact the other states or national organizations for more information about your rights with respect to their information. Be aware that your GCIC report may indicate that you have a criminal record in another state or national information database even though it generally does not report specifics of those arrests.


So, as you can see, this is a prettt easy process. Just make sure that you follow the steps outlined and you will be on the road to being crime free!

Please take a second to leave positive feedback so that people in your similar situation can learn from your experience!

Regards,

Robert Paisola
CEO
www.MyCollector.com
www.CollectonIndustryLive.com
www.RobertPaisola.com
www.RobertPaisola.net
www.RobertPaisola.org
www.RCITrainings.com

ABOUT YOUR AUTHOR

Robert Paisola is driven by a passion for people--motivating them to reach for the highest standards of success. As founder and president of many International Corporations including Western Capital and The Success Training Network, Robert trains sales and marketing professionals who want to strive to get to the top...and stay there.

He is a Nationally Recognized Criminal Rights Activist and is very involved with assisting inmates and their families who have been abused by the justice system. See www.PrisonPartners.com

His innovative, no-nonsense approach is based on applying what he has observed in his fifteen-plus years in sales, motivational speaking and debt collection training, thus revealing the common business habits of the top 20% of sales performers in all organizations.

While in Mexico, he uncovered a large time share "fractional sales" scam at the Playa Del Sol Grand Hotel.  His report is located at:

http://www.mycollector.com/news_playadelsolscam.html

Robert's approach works...that's why New York-based Success Magazine has rated Robert Paisola as one of the top-five most effective sales-training professional in the market today.

Robert Paisola's newest book was just released and is available on Amazon.com. Simply type PAISOLA in the main search field on Amazon.com. CONVERSATIONS ON SUCCESS was co-authored with famed author Dr. John Gray and Mr. Tom Hopkins.

Robert Paisola speaks on an International Basis to support his foundation, The Western Capital Foundation.  He is also a noted speaker on the topic of Real Estate and Investments.

Routinely Distinguished by The National Speakers Forum, Robert is also a regular contributor to Business Week Magazine, CNN, CNNFN, XM Satellite Radio, The Wall Street Journal, Telemundo International, National Public Radio and many other organizations. Robert Paisola is also an International Travel Writer and Certified Expert for magazines such as Conde Nast Publications and The National Geographic Society. His award winning investigative reporting articles have gained him worldwide recognition.

He continues to look deep into the world of his 78 year old nemesis Bill Bauer AKA CreditWrench or Billie Bauer in Oklahoma at www.BillBauerFacts.com . Read this report for yourself and you decide.

Robert is also a philanthropist, donating much of the money that he receives for his services working with Business Clients to assist in full business turnaround services, to charity. See www.WesternCapitalCharities.com

If you are looking for personalized service, Robert now has a reduced fee schedule for AllExperts.com members at:

http://www.ReputationMD.com and
http://www.WesternCapitalVIP.com
http://www.WesternCapitalTurnaround.com

Do you want to see Live Video Results?  Click Here!
http://kdka.com/video/?id=17721@kdka.dayport.com

For more information on Robert Paisola's unique training programs, contact Robert at Western Capital at robert@mycollector.com or at 1-877-517-9555 or visit
http://www.allexperts.com/displayExpert.asp?Expert=74749 or visit www.RobertPaisola.net


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