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What steps can be taken to have a court clerical error corrected after 27 years?
Anonymous7 views2 answers
In 1987 (17 yrs old/ no priors) I was arrested/charged with 2 counts Dest of Prop Over. I agreed to plead guilty to less amended counts, paid a fine with no probation. I recently applied for an LTC & was informed by the local Police Chief that Count B was not recorded as amended therefore, there is a felony on my record. According to the chief, the Cori reflects that the counts were continued & filed but the docket sheet reflects that count a was amended to under but not count b.. For the last 20yrs, I've worked for a law enforcement agency which has done 4 Promotion Cori's with 0 record results. I was unaware that Count b was not amended as agreed in court in 87. Can a motion to revise the sentence to have it amended be filed? If not what can be filed to correct this?
It should appear on the signed plea agreement, and certainly it can be re-opened and a motion to amend or correct filed and brought before the court. If not, this may be tough because the oral order of the court controls, and not the docket. However, if it was that long ago, there may not be a preserved recording. There may be some record of it in the file, and if it is in Worcester, it would be fairly easy for an attorney to go in and review it, if the clerk is given notice and allowed to go pull it from the archived records. I hope this helps.
Also be aware that the Board of Probation records ("CORI") are riddled with errors. The only document that controls is the court docket sheet. You should get a copy of that first because it may save you a lot of time.
