Expunged felony still showing up a year later

[Griffzan]

I agree with pretty much everything that has been said. I have went to jail for non payment of child support but as far as the smuggling charge is absolutely incorrect. I have never received such a charge. I was unaware the nonpayment of support ws a felony and if it precluded me from getting my home invasion felony expunged the judge either overlooked it or didn't care. Either which doesn't seem likely. I can say that when my lawyer ran my background neither of these charges showed up and furthermore neither charge showed up in my background check done by my employer. I'm growing more and more confused and I'm sure what little information I have is probably not helping any here provide an informed opinion. I apologize but I truly don't know what's going on right now. Honesty I would like to fix one issue and work on what's showing up in my record later only because it's currently not effecting my employment. I've emailed the background check company my expungement paperwork and hopefully that fixes the current issue. The others I will have to address later I guess.

 

[Griffzan]

Also I was never once told my failure to pay child support arrest was a felony, by the courts or my lawyer. Still confused

 

[Griffzan]

Regardless of anything else, your reading of the codes appears to be correct.

Griffzan appears to ackowledge the 3800 charge as he states it is not considered in hiring (not correct but that is his statement)

The other problem is MI expungement allows one felony to be expunged but you cannot have more than one felony to be able to have the one expunged.


There are just a lot of problems with griffzans situation and it doesn't make a lot of sense.

I agree and I apologize bit I can assure you that I did get my home invasion felony expunged and when that was done this "smuggling" charge was not on my record and even though I had been arrested for nonpayment of support it was not a felony and I was informed by my lawyer that it was a civil infraction and not relavant, which being that my home invasion charge was expunged I assume is true. I hope I don't sound rude but I'm just frustrated and I keep hoping that I have looked at something wrong and it's not me but everything I look at shows that it is.

 

[justalayman]

I agree and I apologize bit I can assure you that I did get my home invasion felony expunged and when that was done this "smuggling" charge was not on my record and even though I had been arrested for nonpayment of support it was not a felony and I was informed by my lawyer that it was a civil infraction and not relavant, which being that my home invasion charge was expunged I assume is true. I hope I don't sound rude but I'm just frustrated and I keep hoping that I have looked at something wrong and it's not me but everything I look at shows that it is.

Only you know what charges you have faced and which you have been found guilty of. It may be discovered the expungement was in error; maybe not; maybe it wasn't in error (although MI law appears to be quite clear on the matter).

The fact is you have to be made aware any felony charge against you. They have these big trial things and in MI that starts with an probable cause hearing and arraignment where the judge asks you if you are aware of the charges before you. It's pretty hard to miss the guy sitting in the robe at the front of the room demanding to be the center of attention.

Regardless of how that is dealt with, the federal law is also clear; a felon that was at risk of being incarcersted in excess of 1 year is ineligible to own a gun. Even with the expungement, as I read it, you are not eligible to possess gun due to the second felony. That could become a lot more serious than being rejected for a job if true.

 

[Griffzan]

Ok after looking at my record again, it was actually 1 cnt "5400" not 5800 which clears up one thing. The 3800 is quite another thing, like I said it was either not on my record when I did my expungement, which seems unlikely being that its a 2003 charge, or maybe because it's a family court charge it doesn't matter. I really don't know.... All I do know is that the attempt home invasion charge was expunged from my record. I'm pretty stressed out as I've worked hard to clear my record and move forward and now it seems it may be all for nothing.

 

[Griffzan]

As much as I don't want to believe it, there is obviously a felony on my record for what I can only assume is my failure to pay child support. I guess my question(s) now would be; Can I get the child support felony reduced to a misdemeanor? Being that I already had one felony expunged from my record I can safely assume that I will not qualify for having another removed. Is it at all possible that the felony only recently showed up? I know it seems like a long shot but it just seems weird and honestly unlikely that both my lawyer and the prosecutor missed the second felony on my record. I did recently complete my support order and the case is closed. Could have the friend of court held onto this charge? I know it sounds dumb, but I can't make any sense of it. And lastly; Is there any possibility that the charge I'm seeing on my record and the felony that was expunged one in the same? How would I tell? The sid is the same but I don't exactly know how to read the record. Also both the charge and judicial segments have "No data received" and nothing else in that field. Is it possible that the arrest was for a felony but it was not the final charge? If I can I will screen shot the record and omit all the identifying info.

 

[quincy]

As much as I don't want to believe it, there is obviously a felony on my record for what I can only assume is my failure to pay child support. I guess my question(s) now would be; Can I get the child support felony reduced to a misdemeanor? Being that I already had one felony expunged from my record I can safely assume that I will not qualify for having another removed. Is it at all possible that the felony only recently showed up? I know it seems like a long shot but it just seems weird and honestly unlikely that both my lawyer and the prosecutor missed the second felony on my record. I did recently complete my support order and the case is closed. Could have the friend of court held onto this charge? I know it sounds dumb, but I can't make any sense of it. And lastly; Is there any possibility that the charge I'm seeing on my record and the felony that was expunged one in the same? How would I tell? The sid is the same but I don't exactly know how to read the record. Also both the charge and judicial segments have "No data received" and nothing else in that field. Is it possible that the arrest was for a felony but it was not the final charge? If I can I will screen shot the record and omit all the identifying info.

It is probably time for you to sit down with a professional in your area for a personal review of your criminal history and for a personal review of the background check report.

You have the felony home invasion (which you say was expunged); you have a possible second felony for nonsupport; you have a disorderly conduct misdemeanor; you have driving on a suspended license (a few of these, you said); you have speeding. All of these are according to your posting history here.

If you are going to try to clean up your record, you need to find out for sure which offenses being reported on your record are legitimately there and which might be there in error. You need to find this out before you can contact the background check company to make corrections.

Good luck, Griffzan.

 

[Griffzan]

It is probably time for you to sit down with a professional in your area for a personal review of your criminal history and for a personal review of the background check report.

You have the felony home invasion (which you say was expunged); you have a possible second felony for nonsupport; you have a disorderly conduct misdemeanor; you have driving on a suspended license (a few of these, you said); you have speeding. All of these are according to your posting history here.

If you are going to try to clean up your record, you need to find out for sure which offenses being reported on your record are legitimately there and which might be there in error. You need to find this out before you can contact the background check company to make corrections.

Good luck, Griffzan.

I completely agree. My wife spoke with my lawyer on Thursday or Friday and he advised me to go onto ichat to check my background. From there it seems to have spiraled out of control. I left a message with him this morning so hopefully I will hear back this afternoon. As always I appreciate everyone's replies.

 

[quincy]

I completely agree. My wife spoke with my lawyer on Thursday or Friday and he advised me to go onto ichat to check my background. From there it seems to have spiraled out of control. I left a message with him this morning so hopefully I will hear back this afternoon. As always I appreciate everyone's replies.

I hope you can get this cleared up. I worry about your gun possession if the report of another felony for nonsupport is accurate.

Good luck.

 

[Griffzan]

I worry as well. If it can't be cleared up I can always transfer them into my wife's name but I would hate to do that. I moved away from the city to a very rural area and I have a some land and I was planning on hunting but I have no desire to break the law and end up back in jail. I'm just really upset about everything.

 

[justalayman]

The funny thing about guns;

You can own them even though you may not possess them.

You can possess them even if you don't own them.

The law prohibits possession of a firearm.


You are describing a situation where you don't own the firearm but do possess it. You need to research this before you get yourself into trouble.

 

[Griffzan]

OK here's the update. I spoke with my lawyer this morning a day he informed me that what I'm looking at is most likely the result of me be arrested for non-payment of child support but not being charged being that I paid back what was owed, which if I can recall is what happened. So that's a huge load off my chest. He said it's common practice with delinquent father's that satisfies both the friend of court and the prosecutor. It also explains why the charge was not on my background check from my employer. It also explains why I would pass a federal background check when purchasing my first firearm. Thanks for the assistance from everyone.

 

[quincy]

OK here's the update. I spoke with my lawyer this morning a day he informed me that what I'm looking at is most likely the result of me be arrested for non-payment of child support but not being charged being that I paid back what was owed, which if I can recall is what happened. So that's a huge load off my chest. He said it's common practice with delinquent father's that satisfies both the friend of court and the prosecutor. It also explains why the charge was not on my background check from my employer. It also explains why I would pass a federal background check when purchasing my first firearm. Thanks for the assistance from everyone.

It is nice that your attorney was able to give you some positive news, Griffzan.

Thank you for the update and thank you, too, for thanking us. We appreciate being appreciated.