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Expunge a felony

Taurus850CIA

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, Michigan, USA
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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?
 

Venator

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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/

 

Venator

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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.
 

zigziggityzoo

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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.
 

WARCHILD

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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 conviction and 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

 

Taurus850CIA

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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.
 

viperar15

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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 :)
 

Venator

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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/michigan.html?gclid=CJPD0tzhvpgCFRk_awodUz5gaw
From their website: I didn't know that one of the convictions can't be a misdemeanor.

[align=center][font="Arial, Helvetica, sans-serif"]ARE YOU ELIGIBLE FOR AN EXPUNGEMENT?[/font][/align]
[font="Arial, Helvetica, sans-serif"]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). [/font]

[font="Arial, Helvetica, sans-serif"]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: [/font]

  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
 

SpringerXDacp

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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/michigan.html?gclid=CJPD0tzhvpgCFRk_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.
 

WARCHILD

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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?
 

SpringerXDacp

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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.
 

Taurus850CIA

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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.
 
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