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re: Legal Help Needed - Will & Trust Dispute - Possible Eviction!

Posted on 8/3/18 at 9:37 am to
Posted by Areddishfish
The Wild West
Member since Oct 2015
6333 posts
Posted on 8/3/18 at 9:37 am to
quote:

I am a long time lurker of this forum. Been lurking for a year or so.


And you thought this was a forum to ask serious questions?
Posted by legalhelpneeded
Houston, Texas
Member since Aug 2018
39 posts
Posted on 8/3/18 at 9:40 am to
With my ex girlfriend.

The list is long.

Yes. I filed a state grievance against him for not doing his duties as my Trustee.

Yes.

No.

No.
Posted by legalhelpneeded
Houston, Texas
Member since Aug 2018
39 posts
Posted on 8/3/18 at 9:42 am to
Yes.

Why not? There are a lot of intelligent people here.
Posted by terd ferguson
Darren Wilson Fan Club President
Member since Aug 2007
112034 posts
Posted on 8/3/18 at 9:42 am to
So you can't rent an apartment bc of a felony charge from over 30 years ago?
Posted by TexasTiger39
Member since Mar 2009
3671 posts
Posted on 8/3/18 at 9:44 am to
(no message)
This post was edited on 8/8/20 at 9:43 am
Posted by TexasTiger39
Member since Mar 2009
3671 posts
Posted on 8/3/18 at 9:45 am to
(no message)
This post was edited on 8/8/20 at 9:43 am
Posted by legalhelpneeded
Houston, Texas
Member since Aug 2018
39 posts
Posted on 8/3/18 at 9:45 am to
I never said I had enough money for an expensive apartment until I'm 80.

I said the money will last until I'm 80.
Posted by legalhelpneeded
Houston, Texas
Member since Aug 2018
39 posts
Posted on 8/3/18 at 9:47 am to
Sounds easy. It's not.

The only way for me to remove the record would be a full pardon from the President.
Posted by MeridianDog
Home on the range
Member since Nov 2010
14538 posts
Posted on 8/3/18 at 9:47 am to
Before you do anything else, why not go to the trustee, apologize with true sincerity, tell him you have dropped all complaints to have his trusteeship cancelled, and ask what can be done to repair the relationship. You might also want to send a certified letter to him stating that.


To me, it sounds like when you filed legal papers against him (a slap in his face), he really had no other choice but to whack you back. It sounds like he is a pretty good slugger too, doesn't it?


As a trustee lawyer, he likely deals with entitled people like you all the time.


Posted by Royal
God's Country
Member since Apr 2009
1022 posts
Posted on 8/3/18 at 9:47 am to
Commit another felony and get free housing for life
Posted by terd ferguson
Darren Wilson Fan Club President
Member since Aug 2007
112034 posts
Posted on 8/3/18 at 9:48 am to
quote:

also if your conviction was non-violent and you had only one, get that shite expunged.


No shite. If what he's saying is true and it was just the one event from over 30 years ago why not get it expunged and be done with it.
Posted by Bunta
Member since Oct 2007
12520 posts
Posted on 8/3/18 at 9:48 am to
quote:

What does this mean? Am I supposed to go match up answers with questions/statements?


Or just click on the poster he replied to..
This post was edited on 8/3/18 at 9:49 am
Posted by Tyga Woods
South Central Jupiter Island, FL
Member since Sep 2016
38109 posts
Posted on 8/3/18 at 9:49 am to
quote:

So you can't rent an apartment bc of a felony charge from over 30 years ago?



This is what I don’t get.

OP, what line of work are you in?
Posted by terd ferguson
Darren Wilson Fan Club President
Member since Aug 2007
112034 posts
Posted on 8/3/18 at 9:51 am to
quote:

The only way for me to remove the record would be a full pardon from the President.



For a non-violent offense? That can't be right. Have you actually ever talked to an attorney about this?
Posted by legalhelpneeded
Houston, Texas
Member since Aug 2018
39 posts
Posted on 8/3/18 at 9:51 am to
Once convicted, you're convicted. The only hope would be a pardon from the President.

There is no way to expunge anything.
Posted by MeridianDog
Home on the range
Member since Nov 2010
14538 posts
Posted on 8/3/18 at 9:53 am to
quote:

Sounds easy. It's not. The only way for me to remove the record would be a full pardon from the President.


Unless you were convicted under federal charges That is just not true, unless you robbed the White House. If you did that you are SOL.
Posted by TexasTiger39
Member since Mar 2009
3671 posts
Posted on 8/3/18 at 9:54 am to
(no message)
This post was edited on 8/8/20 at 9:43 am
Posted by legalhelpneeded
Houston, Texas
Member since Aug 2018
39 posts
Posted on 8/3/18 at 9:55 am to
Yes. Believe it or not, they still do background checks in Texas for your entire life when moving into an apartment.

Some states only go back 7 - 10 years. Texas does life searches.
Posted by Tyga Woods
South Central Jupiter Island, FL
Member since Sep 2016
38109 posts
Posted on 8/3/18 at 9:57 am to
Do you have any kids?

Are you white, black, or something else?

Any behavioral issues?

Do you like Sonic?
Posted by terd ferguson
Darren Wilson Fan Club President
Member since Aug 2007
112034 posts
Posted on 8/3/18 at 9:57 am to
You might want to talk to an attorney about this...

quote:

LSA-C.Cr.P. Art. 978 Formerly cited as LSA R.S. 44:9 Art. 978. Motion to expunge record of arrest and conviction of a felony offense Effective: May 19, 2016


quote:

Article 978. Motion to expunge record of arrest and conviction of a felony offense

A. Except as provided in Paragraph B of this Article, a person may file a motion to expunge his record of arrest and conviction of a felony offense if either of the following apply:

(1) The conviction was set aside and the prosecution was dismissed pursuant to Article 893(E).

(2) More than ten years have elapsed since the person completed any sentence, deferred adjudication, or period of probation or parole based on the felony conviction, and the person has not been convicted of any other criminal offense during the ten-year period, and has no criminal charge pending against him. The motion filed pursuant to this Subparagraph shall include a certification obtained from the district attorney which verifies that, to his knowledge, the applicant has no convictions during the ten-year period and no pending charges under a bill of information or indictment.

B. No expungement shall be granted nor shall a person be permitted to file a motion to expunge the record of arrest and conviction of a felony offense if the person was convicted of the commission or attempted commission of any of the following offenses:

(1) A crime of violence as defined by or enumerated in R.S. 14:2(B), unless otherwise authorized in Paragraph E of this Article.

(2)(a) Notwithstanding any provision of Article 893, a sex offense or a criminal offense against a victim who is a minor as each term is defined by R.S. 15:541, or any offense which occurred prior to June 18, 1992, that would be defined as a sex offense or a criminal offense against a victim who is a minor had it occurred on or after June 18, 1992.

(b) Any person who was convicted of carnal knowledge of a juvenile (R.S. 14:80) prior to August 15, 2001, is eligible for an expungement pursuant to the provisions of this Title if the offense for which the offender was convicted would be defined as misdemeanor carnal knowledge of a juvenile (R.S. 14:80.1) had the offender been convicted on or after August 15, 2001. The burden is on the mover to establish that the elements of the offense of conviction are equivalent to the current definition of misdemeanor carnal knowledge of a juvenile as defined by R.S. 14:80.1. A copy of the order waiving the sex offender registration and notification requirements issued pursuant to the provisions of R.S. 15:542(F) shall be sufficient to meet this burden.

(3) A violation of the Uniform Controlled Dangerous Substances Law, except for any of the following which may be expunged pursuant to the provisions of this Title:

(a) A conviction for possession of a controlled dangerous substance as provided for in R.S. 40:966(C), 967(C), 968(C), or 969(C), or 970(C).

(b) A conviction for possession of a controlled dangerous substance with the intent to distribute.

(c) A conviction for a violation of the Uniform Controlled Dangerous Substances Law which is punishable by a term of imprisonment of not more than five years.

(d) A conviction for a violation of the Uniform Controlled Dangerous Substances Law which may be expunged pursuant to Article 893(E).

(4) The conviction was for domestic abuse battery.

C. The motion to expunge a record of arrest and conviction of a felony offense shall be served pursuant to the provisions of Article 979.

D. Expungement of a record of arrest and conviction of a felony offense shall occur only once with respect to any person during a fifteen-year period.

E.(1) Notwithstanding any other provision of law to the contrary, after a contradictory hearing, the court may order the expungement of the arrest and conviction records of a person pertaining to a conviction of aggravated battery, second degree battery, aggravated criminal damage to property, simple robbery, purse snatching, or illegal use of weapons or dangerous instrumentalities if all of the following conditions are proven by the petitioner:

(a) More than ten years have elapsed since the person completed any sentence, deferred adjudication, or period of probation or parole based on the felony conviction.

(b) The person has not been convicted of any other criminal offense during the ten-year period.

(c) The person has no criminal charge pending against him.

(d) The person has been employed for a period of ten consecutive years.

(2) The motion filed pursuant to this Paragraph shall include a certification from the district attorney which verifies that, to his knowledge, the applicant has no convictions during the ten-year period and no pending charges under a bill of information or indictment. The motion shall be heard by contradictory hearing as provided by Article 980.
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