Legal Question in Criminal Law in Michigan

felony firearm

if i served time for felony fire can get the charge exspunged even though i had juvenile case exspunged before is there anything i can do its the only valid felony on my record


Asked on 10/22/08, 1:48 pm

2 Answers from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: felony firearm

The law allowing expungement of a juvenile delinquency adjudication (or, more accurately, the setting aside of an adjudication under MCL 712A.18e) is separate and distinct from the law for setting aside an adult conviction (MCL 780.621 et seq). Having prevailed on setting aside a juvenile adjudication does not automatically preclude you from doing the same for an adult conviction because, after the former happened, you were no longer deemed to have been adjudicated for the delinquency matter.

You were convicted of felony firearm but no other felony or misdemeanor as an adult?? That is very odd. While it is legally possible to be convicted of Felony Firearm without being convicted of the underlying felony connected to the FFA charge, it is rare.

To set aside the adult conviction, that Felony Firearm must be your ONE AND ONLY criminal conviction (misdemeanor or felony) ... not just your "one and only felony" or your "most serious felony" conviction. ANY other criminal conviction in any jurisdiction or state (even DWLS) means you are disqualified from expunging the felony you asked about.

Further, you have to wait until at least 5 years have passed since the date of sentencing or completion of a term of imprisonment for the conviction, whichever is LATER, to request expungement.

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Answered on 10/22/08, 5:04 pm
William Morrison Action Defense Center

Re: felony firearm

A conviction for Felony Firearm usually means conviction for the underlying felony, i.e two convictions, which would make you ineligible for expungement.

Your juvenile record would have no effect on your eligibility.

If you only have one crime (including misdemeanors) on your adult record you may seek expungemet 5 years after your release from incarceration.

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Answered on 10/23/08, 10:38 am


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