Michigan Expungements Legal Questions

You get conflicting answers because the correct answer is going to be dependent upon the details. You should engage an attorney who is competent and attempt to determine whether or not you have any options. At this time, and given the passage of time and your rehabilitation in may well be possible that you can somehow seek to have the record expunged or set aside. No guarantees, especially on federal cases.... Read More

Provided that you have no other offenses on your record or anything else that would disqualify you from having your full firearm rights, you should be okay under both federal law and state law to possess a firearm. Offenses that have been deferred or set aside are technically not "offenses" for the purpose of the firearm laws. To be safe, you may want to talk to a law enforcement officer or your county gun board before you do anything.... Read More

All of the things which you have asked that could possibly happen to you could very well occur. I would suggest that you engage an attorney to assist you in minimizing the damage and hopefully keeping your record clean. A distribution charge is extremely serious and you want to do everything possible to keep it off of your record.... Read More

The Michigan expungement statute allows for the expungement of convictions if 5 years from completion of your sentence has elapsed, and you do not have any other convictions on your record. The Michigan State Police will do a national criminal history check. Any prior adult conviction will disqualify you from expungement.... Read More

Your husband's felony conviction does not disqualify you from owing a firearm. Your husband needs to be mindful of the felon-in-possession statute. If he is at home with the firearm in the dwelling, he can be charged with possession of a firearm, even though you own it. If he has had only one conviction, he may want to petition the Court to have it expunged, thereby reinstating his right to possess a firearm.... Read More

Depending on his age at the time and the actual charge that he pled guilty to, it may be possible. Michigan just changed its expungement law for this very instance. Please describe his convictions and his age at the time and I can better respond to this question. According to the new change in the law: Individuals may have up to two minor offenses on their record in addition to the offense for which they are applying to have removed. A minor offense is considered a "misdemeanor or ordinance violation for which the maximum permissible imprisonment does not exceed 90 days, for which the maximum permissible fine does not exceed $1,000.00, and that is committed by a person who is not more than 21 years of age."... Read More

If your probation officer decides to file a petition for a probation violation, your case will go back before the sentencing judge for a violation hearing. If the court determines that you did commit a violation of one of the terms in your order, you could be sentenced to up to the maximum penalty provided by the statute.... Read More

This would be up to the Judge who sentenced you. Many times violators for using drugs are forced into rehab programs. I know of many Judges in Michiagn who would do that. There are also Judges who send people to jail for this. Not knowing who the Judge is I can not advise you what the Judge will do as each Judge has different propensities as to probation violations.... Read More

The failure to pay restitution is a violation of probation for which one can be jailed / imprisoned. (In general, Texas has debtors prison only for restitution and child support.) It will be up to the court. She has a motion to revoke / adjudicate her probation so she needs a lawyer, and the restitution being paid is likely to allow her to return to probation and, if that is her only violation, possibly terminate the probation.... Read More