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  1. #1
    Join Date
    Jul 2005
    Location
    Michigan
    Posts
    2

    Default Firearms Rights Restoration

    Hello,

    I live in michigan. When I was 14 there was an investigation of an Unlawful driving away of a vehicle. I wasnt charged till I was 16, then convicted when I was 17. It was tried in juvinile court.

    I was told the UDA was a misdeameanor. I bought a rifle when I was 19 it never showed up on backround check. I recently went to purchase a pistol I was denied do to a felony UDA. I am now currently in the Delayed Entry Program for the Army. Thats the only felony I have. I have a wreckless operation in ohio and a equipement malfunction in Michigan.

    My question is am I eligible to have my fire arms rights restored? I read some where that once enlisted in the Armed Services you can have them restored.

    Thank you

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

    Default Michigan Juvenile Felony Offense

    You may be eligible for expungement, depending upon how long it has been since you completed your sentence.

  3. #3
    Join Date
    Jul 2005
    Location
    Michigan
    Posts
    2

    Default

    Its been 5 years. For the most part I didnt know if the wreckless op would effect me for that. Thank you for your time in answering my questions, very much apprciated.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Michigan Expungement

    The Michigan "equipment malfunction" should be a civil infraction (and would normally be discharged upon your evidencing that the equipment was repaired.) You don't make clear if the Ohio offense was a civil infraction or a traffic misdemeanor.

    Michigan's expungement statute provides in relevant part:
    Quote Quoting MCL 780.621 - Application for order setting aside conviction
    (1) Except as provided in subsection (2), a person who is convicted of not more than 1 offense may file an application with the convicting court for the entry of an order setting aside the conviction.

    (2) A person shall not apply to have set aside, and a judge shall not set aside, a conviction for a felony for which the maximum punishment is life imprisonment or an attempt to commit a felony for which the maximum punishment is life imprisonment, a conviction for a violation or attempted violation of section 520c, 520d, or 520g of the Michigan penal code, 1931 PA 328, MCL 750.520c, 750.520d, and 750.520g, or a conviction for a traffic offense.

    (3) An application shall not be filed until at least 5 years following imposition of the sentence for the conviction that the applicant seeks to set aside or 5 years following completion of any term of imprisonment for that conviction, whichever occurs later.

    (4) The application is invalid unless it contains the following information and is signed under oath by the person whose conviction is to be set aside:

    (a) The full name and current address of the applicant.

    (b) A certified record of the conviction that is to be set aside.

    (c) A statement that the applicant has not been convicted of an offense other than the one sought to be set aside as a result of this application.

    (d) A statement as to whether the applicant has previously filed an application to set aside this or any other conviction and, if so, the disposition of the application.

    (e) A statement as to whether the applicant has any other criminal charge pending against him or her in any court in the United States or in any other country.

    (f) A consent to the use of the nonpublic record created under section 3 to the extent authorized by section 3.
    If you qualify, you would petition for expungement in the Michigan County where you were convicted.

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