McGirt: Why Pursue Expungement Instead of Post-Conviction Relief for Some Completed Cases

Описание: McGirt: Why Pursue Expungement Instead of Post-Conviction Relief for Some Completed Cases? Tulsa attorney James Wirth has that answer.

So if you have a conviction and you're Native American, or you're not Native American but the victim of the crime was Native American, and the court lacked jurisdiction because of the McGirt precedent, how do you handle that procedurally?

Many people are filing post-conviction relief, and we're doing that for cases where people are still serving their sentence.

And for ones that are pending, we're filing it with the trial court. And for ones that are up on direct appeal, depending on the timing, we'll handle it on direct appeal.

But for cases that are old, where the sentence has been completely served, in time, probation, binds and costs, it's all been resolved and taken care of and it's all in the past, a lot of people are filing post-conviction relief on those.

But I'm suggesting, and what we're doing, is on many of those we're filing for expungement instead. And I'll tell you why we're doing that...

So first off, because it's a subject matter jurisdiction issue, that's an issue that should never be able to be waived. But it doesn't end there...

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