QUESTION
Does form to purchase weapon on 11c: one year of imprisonment exempt me and allow me to check NO in the box?
Asked on Jan 21st, 2016 on Expungements - Michigan
More details to this question:
I was convicted of a felony 21 years ago. I never was imprisoned. I had a guilty plea with 6 months 1/2 way house and 4 months on a tether (less than on year). Insurance fraud conviction, all restitution's and fines paid. No probation time either. I am retired now. Federal conviction, not state.
1 ANSWER
Criminal Law Attorney serving Royal Oak, MI
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James S. Lawrence
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There is no such thing as a federal expungement. The only way to get rid of the federal felony is to overturn it by motion in the criminal case, based on legal error committed back when you were convicted, or apply to the President for a pardon. Because of the time that has passed, it will not be possible to file a motion in the criminal case unless it is based on newly discovered evidence or new law that applies retroactively. As long as you have this conviction you will commit a federal felony if you possess a firearm. State laws that give back firearm rights to some people do not overrule the federal law that makes gun possession by you a felony.
Answered on Mar 03rd, 2016 at 3:40 AM