QUESTION
Where do I go to get the conviction set aside?
Asked on May 15th, 2012 on Criminal Law - Michigan
More details to this question:
55 years ago I committed a felony of breaking into a home in Virginia. I was 18 and now over 72. I want my conviction set aside so I can own fire arms. I now live in Michigan the felony was in Virginia. Where do I go to get the conviction set aside? I don't have any offense on my record since 1958.
12 ANSWERS
Hire an attorney in Virginia Where do I go to get the conviction set aside?
Answered on Jun 14th, 2013 at 1:39 AM
Michael J. Breczinski
You have to go to Virginia and get an attorney there.
Answered on Jun 02nd, 2012 at 12:15 PM
Insurance Defense Attorney serving Jackson, MI
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Dungan, Lady & Dunga, PLLC
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You have to go back to the court of conviction in Virginia.
Answered on Jun 01st, 2012 at 5:36 PM
Generally you would havt to go to the court where the conviction was recorded. Obviously, the original judge will have been replaced by now. You'll just have to petition the court, using Virginia's procedure and they'll assign a new judge to hear your story.
Answered on May 29th, 2012 at 4:31 PM
Criminal Law Attorney serving Bloomfield Hills, MI
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Ryan Berman Esq.
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You would have to do it where you were convicted, Virginia.
Answered on May 29th, 2012 at 2:17 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Generally back to the court where you were convicted.
Answered on May 29th, 2012 at 1:50 PM
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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In Michigan, an expungement is available from the Court where the conviction took place. Applying this to VA, it would appear that you need to go there to get an expungement.
Answered on May 25th, 2012 at 8:23 PM
I would venture to believe that you can call the courthouse where the case was held and get the proper forms from the courthouse staff to set it aside (if it can be under Virginia law). Take note, however, that I don't believe that a CPL makes a distinction between expunged and convicted felonies. So, it is possible that even if you were to get the felony expunged that you might still be ineligible for a CPL in Michigan.
Answered on May 25th, 2012 at 7:29 PM
Leonard A. Kaanta
Virginia is the only place your conviction can be set aside.
Answered on May 25th, 2012 at 3:09 PM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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Virginia.
Answered on May 25th, 2012 at 6:46 AM
Litigation Attorney serving Westland, MI
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Clos, Russell & Wirth, P.C.
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It would seem that you must seek relief in Virginia. I cannot advise you regarding Virginia law, however, in Michigan, a person must apply for an expungement in the court where the conviction occurred. There are multiple requirements, certain offenses cannot be expunged, and you are only eligible for expungement if you only have one criminal conviction. Again, that is Michigan law. You should seek the advice of an attorney in Virginia.
Answered on May 24th, 2012 at 9:05 AM
You will need to hire a lawyer in Virginia. Call the Virginia bar association and see if they can refer you to a lawyer.
Answered on May 24th, 2012 at 8:54 AM