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Set-Aside Granted Despite Uncompleted Road Crew Objection
Case Background
Our client sought to set aside a prior drug-possession conviction, but the State objected based on a corrections record showing that three days of court-ordered road crew had never been completed.
At first glance, that appeared to be a straightforward compliance problem. A closer review of the sentencing history showed a more complicated picture. At the time, our client had been on a downward departure in a separate case. The new conviction led to revocation of that departure, and our client was subsequently sent to prison.
The three days of road crew were never ordered by our client's probation officer. Years later, when our client attempted to determine whether the requirement could still be completed, she was told there was no active sentence under which road crew could be performed. The court likewise no longer had an active mechanism to address the old local sentence.
Rights Restoration Outcome
We reconstructed the sentencing history and argued that the uncompleted road-crew requirement should not prevent the set-aside. Our position was that the local sentence should have been absorbed into, or otherwise resolved as part of, the later prison and post-prison process, rather than remaining indefinitely as an obstacle to relief.
When the State maintained its objection, we proceeded to a contested hearing and presented the issue to the court. We prevailed, and the court entered a signed set-aside order.
The case demonstrates how an old sentencing irregularity can create an unexpected barrier to expungement even after a person has completed the much more substantial consequences of the underlying cases. Careful review of the full sentencing history was necessary to show why the unresolved road-crew entry should not defeat our client's eligibility.
Case examples are provided for informational purposes. Details may be changed or omitted to protect client confidentiality. Past results do not guarantee a similar outcome.
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