|
Hi, I was convicted of an armed robbery
in 1999 in Michigan. I have not been into any trouble
since. I am about to graduate from college and would
like to have the felony conviction removed. I obviously
greatly fear the felony conviction is going to severely
decrease my employment opportunities. Sadly, I do
not have any money to pay for a lawyer. I am wondering
if anyone has ideas?
Thanks in advance!
|
| |
| |
On Mar 10, 7:48 am, "QA2008" <qa2...@att.net> wrote:
Hi, I was convicted of an armed robbery
in 1999 in Michigan. I have not been into any trouble
since. I am about to graduate from college and would
like to have the felony conviction removed. I obviously
greatly fear the felony conviction is going to severely
decrease my employment opportunities. Sadly, I do
not have any money to pay for a lawyer. I am wondering
if anyone has ideas?
Except for the 1999 armed robbery, do you have ANY other felony or
misdemeanor convictions ANYWHERE (including companion cases to the
1999 one)?
When were you released from custody (jail or prison) for that robbery?
|
| |
| |
On Mon, 10 Mar 2008 07:48:06 -0400, "QA2008" <qa2008@att.net> wrote:
Hi, I was convicted of an armed robbery
in 1999 in Michigan. I have not been into any trouble
since. I am about to graduate from college and would
like to have the felony conviction removed. I obviously
greatly fear the felony conviction is going to severely
decrease my employment opportunities. Sadly, I do
not have any money to pay for a lawyer. I am wondering
if anyone has ideas?
Thanks in advance!
A quick look indicates that Michigan has a statutory procedure for
setting aside convictions; that should be where you start.
Daniel Reitman
|
| |
| |
In article <2u7at3tpmd0pvv7gescpan7sl11t61ja8v@4ax.com>,
"QA2008" <qa2008@att.net> wrote:
Hi, I was convicted of an armed robbery
in 1999 in Michigan. I have not been into any trouble
since. I am about to graduate from college and would
like to have the felony conviction removed. I obviously
greatly fear the felony conviction is going to severely
decrease my employment opportunities. Sadly, I do
not have any money to pay for a lawyer. I am wondering
if anyone has ideas?
You can file to have your record expunged, you can request
a pardon, or you can move somewhere where your criminal
record does not follow you (like a different country).
-john-
--
======================================================================
John A. Weeks III 612-720-2854 john@johnweeks.com
Newave Communications http://www.johnweeks.com
======================================================================
|
| |
| |
On Mon, 10 Mar 2008 07:48:06 -0400, "QA2008" <qa2008@att.net> wrote:
Hi, I was convicted of an armed robbery in 1999
in Michigan . . . .
. . . as a juvenile or as an adult?
I have not been into any trouble since. I am
about to graduate from college and would
like to have the felony conviction removed.
I obviously greatly fear the felony conviction
is going to severely decrease my employment
opportunities. Sadly, I do not have any money
to pay for a lawyer. I am wondering if anyone
has ideas?
Sadly, this may not be a D.I.Y. project - though, possibly, it might
be.
Mich. Compiled Laws - 780.621(1)
Application for order setting aside conviction;
setting aside of certain convictions prohibited;
time and contents of application; submitting
application and fingerprints to department of
state police; report; application fee; contest
of application by attorney general or
prosecuting attorney; notice to victim;
affidavits and proofs; court order; definitions.
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.
5) The applicant shall submit a copy of the application and 2
complete sets of fingerprints to the department of state police. The
department of state police shall compare those fingerprints with the
records of the department, including the nonpublic record created
under section 3, and shall forward a complete set of fingerprints to
the federal bureau of investigation for a comparison with the records
available to that agency. The department of state police shall report
to the court in which the application is filed the information
contained in the department's records with respect to any pending
charges against the applicant, any record of conviction of the
applicant, and the setting aside of any conviction of the applicant
and shall report to the court any similar information obtained from
the federal bureau of investigation. The court shall not act upon the
application until the department of state police reports the
information required by this subsection to the court.
6) The copy of the application submitted to the department of
state police under subsection (5) shall be accompanied by a fee of
$50.00 payable to the state of Michigan which shall be used by the
department of state police to defray the expenses incurred in
processing the application.
7) A copy of the application shall be served upon the attorney
general and upon the office of the prosecuting attorney who prosecuted
the crime, and an opportunity shall be given to the attorney general
and to the prosecuting attorney to contest the application. If the
conviction was for an assaultive crime or a serious misdemeanor, the
prosecuting attorney shall notify the victim of the assaultive crime
or serious misdemeanor of the application pursuant to section 22a or
77a of the crime victim's rights act, 1985 PA 87, MCL 780.772a and
780.827a. The notice shall be by first-class mail to the victim's last
known address. The victim has the right to appear at any proceeding
under this act concerning that conviction and to make a written or
oral statement.
8) Upon the hearing of the application the court may require the
filing of affidavits and the taking of proofs as it considers proper.
9) If the court determines that the circumstances and behavior of
the applicant from the date of the applicant's conviction to the
filing of the application warrant setting aside the conviction and
that setting aside the conviction is consistent with the public
welfare, the court may enter an order setting aside the conviction.
The setting aside of a conviction under this act is a privilege and
conditional and is not a right.
10) As used in this section:
(a) Assaultive crime means that term as defined in section
9a of chapter X of the code of criminal procedure, 1927 PA 175, MCL
770.9a.
(b) Serious misdemeanor means that term as defined in
section 61 of the crime victim's rights act, 1985 PA 87, MCL 780.811.
(c) Victim means that term as defined in section 2 of the
crime victim's rights act, 1985 PA 87, MCL 780.752
|
| |
| |
On Mar 11, 5:58 am, shishiqui...@gmail.com wrote:
On Mon, 10 Mar 2008 07:48:06 -0400, "QA2008" <qa2...@att.net> wrote:
. . . as a juvenile or as an adult?
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.
Armed Robbery? What's the maximum sentence allowable?
When they say maximum, does this mean that you include the maximum for
armed robbery and a murder is committed during the armed robbery?
(Sorry if I'm being dense... I just don't know what the maximum
sentence is for armed robbery...)
7) A copy of the application shall be served upon the attorney
general and upon the office of the prosecuting attorney who prosecuted
the crime, and an opportunity shall be given to the attorney general
and to the prosecuting attorney to contest the application. If the
conviction was for an assaultive crime or a serious misdemeanor, the
prosecuting attorney shall notify the victim of the assaultive crime
or serious misdemeanor of the application pursuant to section 22a or
77a of the crime victim's rights act, 1985 PA 87, MCL 780.772a and
780.827a. The notice shall be by first-class mail to the victim's last
known address. The victim has the right to appear at any proceeding
under this act concerning that conviction and to make a written or
oral statement.
I do believe that armed robbery is an assault crime.
8) Upon the hearing of the application the court may require the
filing of affidavits and the taking of proofs as it considers proper.
10) As used in this section:
(a) "Assaultive crime" means that term as defined in section
9a of chapter X of the code of criminal procedure, 1927 PA 175, MCL
770.9a.
(b) "Serious misdemeanor" means that term as defined in
section 61 of the crime victim's rights act, 1985 PA 87, MCL 780.811.
(c) "Victim" means that term as defined in section 2 of the
crime victim's rights act, 1985 PA 87, MCL 780.752
|
| |
| |
On Mar 12, 7:01 am, grendal <im_gu...@hotmail.com> wrote:
Armed Robbery? What's the maximum sentence allowable?
Life imprisonment. MCL 750.529. However, in my experience people are
often wrong about the exact crime they were convicted of, particularly
when a plea bargain is involved. Odds are decent that OP was
*charged* with armed robbery but *convicted* of a lesser crime that
can be expunged. But there are other possible disqualifiers for OP
which are less easy to mistake than the crime of conviction. That's
why I asked those questions.
|
| |
| |
|
