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  1. #1
    Join Date
    May 2005
    Posts
    2

    Default Law at time of sentence vs later amendments

    If in 1983 a person had the right to expungement but during the course of completing the sentence other laws came into being limiting or prohibiting the expungment what law applies to the person. Secondly, If a person is convicted for a felony in one state, Utah, and moves to another state, CT, and this person was 6 months away in Utah from completing all required parole obligations, and now in CT is being told that he will have to continue those obligations for life. The biggest problem this person has is that he was convicted in 1983 for a serious crime-- sexual offense. Since that time many laws have been created and it appears that the way CT for example is getting around the initial conviction date is to claim they are going off the parole date which was Jan 1993. How do old laws versus new laws govern what punishment and obligations a person has to complete. At this rate this person, my brother, will never be able to move on, and I must say this person has completed 10 years of prison time, 3 years of parole, just about 10 years of registration, and has no trouble with the law since, and has completed any obligation set forth to him by the State of Utah, and now with all the focus on the people who killed with prior sex offenses a neighbor has found that he is in the registry- which lead to a statement to his daughter, 7 years old, by a neighbor girl that "..her mom said they can't be friends anymore because your dad went to jail". I would appreciate any feedback.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Law at time of sentence vs Law made overtime

    Quote Quoting wtr99s
    If in 1983 a person had the right to expungement but during the course of completing the sentence other laws came into being limiting or prohibiting the expungment what law applies to the person.
    If the person's record is expunged under the pre-1983 law, the expungement should stand. If the person does not obtain the expungement prior to the change in law, the new law would ordinarily govern any petition for expungement.

    Quote Quoting wtr99s
    Secondly, If a person is convicted for a felony in one state, Utah, and moves to another state, CT, and this person was 6 months away in Utah from completing all required parole obligations, and now in CT is being told that he will have to continue those obligations for life.
    I'm not sure what you mean - I assume you're not stating that the person moved out of Utah in violation of the conditions of his parole. Any expungement or pardon would occur unter Utah law, which is where the conviction was entered.

  3. #3
    Join Date
    May 2005
    Posts
    2

    Default Clarifacation.

    In Utah he had to complete parole, that was three years, and after that he had to complete 10 years of sex offender registration. In January that 10 years would be completed, however, now that he is in CT they are informing him that he will have to register for life.

    Thank you for the information of the expungement.

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