How long does a Felony stay on your record in Michiagn?

[justalayman]

Good luck with that. It has nothing to do with one trumping the other. It is which is applicable. In the case here, both would be applicable, in most cases so it comes down to which is most restrictive which happens to the the federal law. The libertarian slant would change anything about this situation.

 

[latigo]

Michigan.

I am now 25, i was convicted of a Felony when i was 17. I was wondering if/when the Felony will be dropped, and to what extent. Meaning just to public record or will authorities still know i was convicted of a felony in the past. Thank you in advance for any help.

Provide it is not a conviction for a felony the maximum punishment of which is life in prison, a person is “eligible” to apply to have one criminal conviction per lifetime “set aside”. Michigan Compiled Laws Chapter 780 Criminal Procedure Sections 621 et seq.

For a printable applciation form and detailed information visit:

http://courts.mi.gov/scao/courtforms/generalcriminal/mc227.pdf.

 

[Proseguru]

OP may as well ask for the court records to be pulled out of storage (may take 3 months to get) ... lawyer will likely want to see the full record...

 

[justalayman]

OP may as well ask for the court records to be pulled out of storage (may take 3 months to get) ... lawyer will likely want to see the full record...

why? It is a DIY thing.

and the records are likely available on the internet if the OP needs them.

 

[justalayman]

Lol...nah. Also, it may have been expunged...bad memory. But yea, i understand it would be hard to help without all the information.

I missed this. If you think it has been expunged, try to look it up on the site I gave you. It costs a couple bucks (can't remember how much).

 

[davew128]

Having federal law trump/contridict state law is absurd...this is why im Liberterian, and pushing the movement full-force.

As a libertarian, I imagine you have heard of the supremacy clause of the constitution, have you not?

 

[justalayman]

As a libertarian, I imagine you have heard of the supremacy clause of the constitution, have you not?

It's not even a matter of supremacy. It has to do with jurisdiction. Both entities have jurisdiction; the state because, well, it is within the state and the feds due to the fact they claim it under a claim of interstate commerce due to the fact the manufacture and sale of the guns end up in MI due to interstate transactions.

It is the same reason the feds can argue jurisdiction with marijuana in most situations in California. If you can removed the interstate commerce claim, the feds would not actually have jurisdiction. Montana (I believe) is currently side stepping the fed law under just that when dealing with a particular gun that is manufactured in that state. I have not tracked what is happening with that to see if it is holding up for them.