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Thread: Expunge a felony

  1. #1
    Regular Member Taurus850CIA's Avatar
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    A friend of mine was convicted of larceny roughly 11 years ago, and he wants to have it expunged from his record so he can get his CPL. I need to know how to go about doing this. This occured in Livingston County. Any ideas?
    "Fault always lies in the same place, my fine babies: with him weak enough to lay blame." - Cort

    Gun control is like trying to reduce Drunk Driving by making it tougher for sober people to own cars.

    Sentio aliquos togatos contra me conspirare.

    The answer to "1984" is "
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    With freedom comes much responsibility. It is for this reason so many are loathe to exercise it.

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    Regular Member dougwg's Avatar
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    Steven Dulan

    Jim Simmons

    You should know this already. :P

  3. #3
    Regular Member Taurus850CIA's Avatar
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    Duh :?.

    I know I've seen those names and numbers around here somewhere...
    "Fault always lies in the same place, my fine babies: with him weak enough to lay blame." - Cort

    Gun control is like trying to reduce Drunk Driving by making it tougher for sober people to own cars.

    Sentio aliquos togatos contra me conspirare.

    The answer to "1984" is "
    1776"

    With freedom comes much responsibility. It is for this reason so many are loathe to exercise it.

  4. #4
    Anti-Saldana Freedom Fighter Venator's Avatar
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    I have added a couple more attorneys to the info thread.


    A few attorneys that will take on cases regarding firearm laws.

    Steven
    Dulan Attorney, site: http://www.stevenwdulan.com/

    Jim Simmons: Law Offices of James T. Simmons, P.C. 45700 Village Boulevard Shelby Township, Michigan 48315-6093 (586) 566-1900 (586) 532-4110 fax jtsimmons@jtsimmons.com

    Melissa M. Pearce: 2276 Wixom Rd. Commerce Twp., MI 48382 (248) 467-1930 FAX (248) 684-0029 melissapearce@ix.netcom.com.


    John Freeman, Criminal Defense Attorney
    Liberty Center Suite 200--100 W. Big Beaver Road Troy, MI 48084
    866-720-3708 or 248-918-0790 Emergency 24/7: 313-330-2653 Troy, MI

    Pro-gun and NRA member. Free initialconsultation with the Law Office of John Freeman, call 866-720-3708 toll free, or send us an e-mail
    .
    Website: http://www.formerfedlawyer.com/

    An Amazon best seller "MY PARENTS OPEN CARRY" http://www.myparentsopencarry.com/

    *The information contained above is not meant to be legal advice, but is solely intended as a starting point for further research. These are my opinions, if you have further questions it is advisable to seek out an attorney that is well versed in firearm law.

  5. #5
    Regular Member Taurus850CIA's Avatar
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    Yep, got it already. Thanks guys
    "Fault always lies in the same place, my fine babies: with him weak enough to lay blame." - Cort

    Gun control is like trying to reduce Drunk Driving by making it tougher for sober people to own cars.

    Sentio aliquos togatos contra me conspirare.

    The answer to "1984" is "
    1776"

    With freedom comes much responsibility. It is for this reason so many are loathe to exercise it.

  6. #6
    Anti-Saldana Freedom Fighter Venator's Avatar
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    I thinkthey would charge a standard fee to file the paperwork and follow it through. My guess is that it will be in the $1500 range.

    edit to show increased fee estimate.
    An Amazon best seller "MY PARENTS OPEN CARRY" http://www.myparentsopencarry.com/

    *The information contained above is not meant to be legal advice, but is solely intended as a starting point for further research. These are my opinions, if you have further questions it is advisable to seek out an attorney that is well versed in firearm law.

  7. #7
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    Venator wrote:
    I think*they would charge a standard fee to file the paperwork and follow it through.* My guess is that it will be in the $500 range.
    Cost my dad $1200 to get his record corrected, and it turned out not to be a felony after all (was misdemeanor charge, no conviction, just a typo in his record - quite the typo). Your mileage may vary.

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    Regular Member WARCHILD's Avatar
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    I am not a lawyer, but from the research I did..(for my son)..you are allowed to apply to expunge a single felony convictionand it must have been 8 years from the date of conviction. If you have more than ONE..felony conviction, your record cannot be cleared. Also as posted, it won't be cheap..I was told $1,000.00 retainer to start the application to the court. With money being tight, my son decided to wait a while. Definately consult an attorney.
    My .02


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    FWIW, here is an do-it-yourselfExpungement Kit with a list of convictions that may and may not be expunged.

    http://www.expungementkit.com/michig...FRk_awodUz5gaw

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    Regular Member Taurus850CIA's Avatar
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    Wow, that would be like me offering someone an 8oz hammer and some 10d nails to install 1000 feet of wood flooring. It might get done, but it ain't gonna be pretty...

    I gave him the contact info, and he said he'll be calling this morning.
    "Fault always lies in the same place, my fine babies: with him weak enough to lay blame." - Cort

    Gun control is like trying to reduce Drunk Driving by making it tougher for sober people to own cars.

    Sentio aliquos togatos contra me conspirare.

    The answer to "1984" is "
    1776"

    With freedom comes much responsibility. It is for this reason so many are loathe to exercise it.

  11. #11
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    guys, this has been great information. my buddy got stuck on a felony charge for just being at a place while some people damaged some property. since he didn't report it, they charged him the same as the rest. been about 9years, hopefully this can help him out. thanks :-)

  12. #12
    Anti-Saldana Freedom Fighter Venator's Avatar
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    SpringerXDacp wrote:
    FWIW, here is an do-it-yourselfExpungement Kit with a list of convictions that may and may not be expunged.

    http://www.expungementkit.com/michig...FRk_awodUz5gaw
    From their website: I didn't know that one of the convictions can't be a misdemeanor.

    ARE YOU ELIGIBLE FOR AN EXPUNGEMENT?

    Under Michigan law, there are two major prerequisites to obtaining an expungement. First, you may only have one conviction. This includes misdemeanors and felony convictions. In other words, you are not eligible if you have two or more misdemeanor convictions, two or more felony convictions, or if you have a misdemeanor and a felony conviction. Second, your conviction must be at least five years old, or you have been out of prison for five years, whichever is later. You are not eligible until five years have elapsed. These are statutory limitations, so the court does not have room to circumvent these basic requirements. If you have more than one conviction, you will be denied. If you seek an expungement before five years have elapsed, you will be denied. Don’t waste your time (and money).

    Most types of criminal convictions can be expunged. This includes most felonies and misdemeanors. However, there are limits to what can be expunged. In general, there are five types of convictions that cannot be expunged:

    1. Crimes that carry a maximum potential sentence of life imprisonment.
    2. An attempt to commit a crime that carries a maximum potential sentence of life imprisonment.
    3. Criminal sexual conduct offenses.
    4. Attempted criminal sexual conduct offenses.
    5. Traffic offenses.
    A traffic offense means a violation of the Michigan vehicle code, MCL 257.1 to 257.923, or a local ordinance substantially corresponding to that act, which violation involves the operation of a vehicle and at the time of the violation is a felony or misdemeanor. The Michigan vehicle code can be found in many public libraries and on the state website at http://www.michiganlegislature.org. The list of traffic offenses are too numerous to list. Local law libraries and municipal clerk offices can help you locate local ordinances corresponding to the state vehicle code.

    Examples of the types of convictions that cannot be expunged include:
    Armed Robbery
    Kidnapping
    Assault with Intent to Commit Armed Robbery
    Kidnapping – enticing child Murder (First and Second Degree)
    Assault with Intent to Murder
    Manufacturing Explosives Causing Serious Impairment
    Attempted Murder
    Performance of a Procedure on a Live Infant with Intent to Cause Death
    Bank Robbery
    Perjury Committed in a Capital Case
    Boarding Train to Rob
    Placing an Explosive Causing Serious Impairment
    Burglary with Explosives
    Placing an Offensive or Injurious Substance Causing Serious Impairment
    Carjacking
    Poison Food/Drinks/Wells Causing Large Injury
    Counterfeiting Coins
    Poison Food/Drinks/Water Supply Causing Serious Impairment
    Criminal Sexual Conduct (including Rape)
    Possessing an Explosive Causing Serious Impairment
    Death by Explosives at or Near Building
    Prisoner Taking a Hostage
    Narcotics – over 650 grams
    Selling an Explosive Causing Serious Impairment
    Harmful Device Causing Serious Impairment
    Solicitation of Murder
    Hindering Prosecution of Terrorism
    Stopping Train to Rob
    Hindering Prosecution of Terrorism – Act of Terrorism
    Taking a Woman and Compelling her to Marry
    Inciting Fighting Animal Resulting in Death
    Terrorism without Causing Death
    Indecent Exposure by Sexually Delinquent Person
    Trains – Blocking or Wrecking Railroad Tracks
    Irritant or Irritant Device Causing Death
    Trains – Endangering Travel
    An Amazon best seller "MY PARENTS OPEN CARRY" http://www.myparentsopencarry.com/

    *The information contained above is not meant to be legal advice, but is solely intended as a starting point for further research. These are my opinions, if you have further questions it is advisable to seek out an attorney that is well versed in firearm law.

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    Venator wrote:
    SpringerXDacp wrote:
    FWIW, here is an do-it-yourselfExpungement Kit with a list of convictions that may and may not be expunged.

    http://www.expungementkit.com/michig...FRk_awodUz5gaw
    From their website: I didn't know that one of the convictions can't be a misdemeanor.
    SNIP
    Nor did I. Actually, I was hoping traffic offenses were covered...Oh well.

    And,

    "Taking a Woman and Compelling her to Marry" LMAO, If I was convicted of this I would not seek expungement, I would seek a lobotomy.

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    Regular Member WARCHILD's Avatar
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    I know I'm old and stupid but...can someone explain to me what the traffic violations have to do with being responsible enough to own/carry a gun?

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    WARCHILD wrote:
    I know I'm old and stupid but...can someone explain to me what the traffic violations have to do with being responsible enough to own/carry a gun?
    Irresponsibility I believe. Much like an insurance agency who checks the clients credit history to determinehis/her insurance premiums. :?

    I don'tthink it's right, but that's what they do.

  16. #16
    Regular Member Taurus850CIA's Avatar
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    WARCHILD wrote:
    I know I'm old and stupid but...can someone explain to me what the traffic violations have to do with being responsible enough to own/carry a gun?
    Maybe they believe that if one would drive without a license, one would also carry without a license, but both would make one a criminal. Try not to get inside the illogical mind of the anti's, it will only hurt.
    "Fault always lies in the same place, my fine babies: with him weak enough to lay blame." - Cort

    Gun control is like trying to reduce Drunk Driving by making it tougher for sober people to own cars.

    Sentio aliquos togatos contra me conspirare.

    The answer to "1984" is "
    1776"

    With freedom comes much responsibility. It is for this reason so many are loathe to exercise it.

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