QUESTION
Can I ask the Court to reduce the offense to a misdemeanor not expungement, and have my gun privileges restored?
Asked on Jan 27th, 2013 on Expungements - Michigan
More details to this question:
I was arrested, in Michigan, 34 years ago for Larceny over $100.00. I was 20 years old at the time. I am 54 years old now. I have no other felonies on my record and I have been denied to purchase a handgun.
4 ANSWERS
Criminal Defense Attorney serving Brighton, MI
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The Law Office of Steven M. Dodge, PLLC
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If you have no other offenses on your record you would be eligible for an expungement. If you have other 93 day misdemeanors, you cannot get one. The court does not have the authority to reduce your charges. Only the prosecutor has that power.
Answered on Jan 31st, 2013 at 11:02 PM
jump thru the hoops and get the expungement; court does not have authority to change a conviction no matter how old it is or how good the defendant has been since the conviction.
Answered on Jan 31st, 2013 at 9:23 AM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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It would be better done as an expungement. I have great success with these if that is all you have in your record.
Answered on Jan 30th, 2013 at 11:31 PM
Getting the court to reduce a felony conviction to a misdemeanor is unlikely, but can be attempted. It could involve working with the county prosecutor's office and the judge. If you have a felony conviction that has not been expunged, it is likely that it is actually the federal government that is holding up your right to purchase, possess, etc. a firearm or ammunition. You will want to talk to an attorney about the status of your firearm rights, because you don't want to be in violation of state or federal laws.
Answered on Jan 30th, 2013 at 11:15 PM