CPL denial/appeal question

[JJK1980]

I was denied my cpl in genesee county, Michigan. The reason checked was misdemeanor conviction and written beside it was "Possession of marijuana (8 year misdemeanor list)". Next year will be 8 years since I was convicted, am I able to reapply for the cpl or will I have to appeal the original application?

 

[casper]

You'll have to wait for the 8 year timeline to lapse.

 

[JJK1980]

and then I can reapply or do I have to appeal? And do you know if it is 8 years to the date of sentencing?

 

[casper]

You will have to reapply. You only have 21 days from the denial date to file an appeal. 8 years prior from your conviction date, to your application date.

 

[JJK1980]

OK thanks for the info, I guess its not the worst news! Ill just hope for the best the second time around!

 

[backenj]

You could get it expunged if you don't want to wait.

 

[casper]

You could get it expunged if you don't want to wait.

That would only remove it from public view. The police records would still show it, as will the LIEN.

 

[DrTodd]

That would only remove it from public view. The police records would still show it, as will the LIEN.

True

 

[backenj]

That would only remove it from public view. The police records would still show it, as will the LIEN.

An expungement will remove it from police records. He would be able to then get a CPL. One of my friends had a misdemeanor for fireworks about ten years ago. He wanted to be a corrections officer. He had to get the charge expunged, and did. He finished school and received job offers. Having it expunged took it off his record like it never happened. Doesn't show up on anything.

 

[DrTodd]

An expungement will remove it from police records. He would be able to then get a CPL. One of my friends had a misdemeanor for fireworks about ten years ago. He wanted to be a corrections officer. He had to get the charge expunged, and did. He finished school and received job offers. Having it expunged took it off his record like it never happened. Doesn't show up on anything.

The board can still see the charge. Yes, getting it expunged removes it from most background checks, and can be evidence that this one conviction was an anomaly, but the CPL board can still see it. It would remove it from the LISTED reasons for a CPL denial. However, there is a catchall phrase in the law that lets the board deny a cpl if the board feels that issuing a license to the applicant to carry a concealed pistol in this state is detrimental to the safety of the applicant or to any other individual. I know of 4 cases in 3 different counties where this has happened. Michigan CPL boards have turned MI into a "shall issue" with shades of "may issue" state.

 

[budlight]

True

This is totally true! LEIN doesn't lie or forget.