Legal Question in Criminal Law in Michigan

Hello, I have a question I would like answered. I am applying for a CPL (Concealed Pistol License) in the state of Michigan. On the application process for it, it asks if i have had a misdemeanor listed on the Concealed Pistol License guide in the 8 years preceding this application. and then a box for yes and no. One of the misdemeanors includes Reckless discharge of a firearm (MCL 752.863a) Now, i have had a charge of reckless discharge of a firearm and i plead guilty with HYTA (Holmes Youthful Training Act) which expunges the charge off my record (as i understand it.) Now my question is, will that interrupt my process in getting a CPL? and should i put either yes or no on the application.

Thanks in advance


Asked on 4/25/11, 11:41 am

3 Answers from Attorneys
Jules Fiani Law Offices of Jules N. Fiani

Has the expungement occurred yet? That should help you determine the answer to your question. I have had a great deal of experience with my clients and HYTA so feel free to call me to discuss this matter. For more information visit www.jnfiani.com

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Answered on 4/25/11, 12:13 pm
Jules Fiani Law Offices of Jules N. Fiani

I recommend that you speak with the attorney you worked with for this case and ask him/her.

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Answered on 4/25/11, 12:44 pm
Jules Fiani Law Offices of Jules N. Fiani

After looking into this for you here is the answer:

Under HYTA, it states that you are not "convicted" of the charge that has been expunged. Therefore, it depends on the specific wording of the question on the form you are filling out. Have you been charged (yes), have you been arrested (yes), have you been convicted (no).

Hope this helps and good luck with the process, if you are still uncertain feel free to call me.

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Answered on 4/25/11, 1:38 pm


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