felony

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  • concrete dog

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    6   0   0
    Dec 19, 2008
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    Goshen
    maybe someone on here can answer this question.if someone has a felony say for(theft of firearm,or poss.of mary jane)can it ever be wiped off your perment record.:dunno:
     

    22rssix

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    Mar 27, 2008
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    I think at the state level, but not at the federal level..

    I could be wrong...

    This has been covered, well not the theft of a firearm but topics about clearing your background to buy a firearm just like....
     

    clt46910

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    Dec 4, 2008
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    Yes, I am not sure of the process, but a guy I worked with had a felony taken off his record after ten years of being a good productive citizen. You get the governor to pardon it. Contact a lawyer to find out more, you might have to find one that specializes in this.
     

    concrete dog

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    this isnt for me my budy is looking to get a job at mediacom and he cant with a felony.so he was checking into getting it removed.so i thought i would ask to see if it could even be done.thanks for the info
     

    hardtrailz400

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    I have a friend going through the process of that now. He had to get reccomendations and signatures and proof of employment, tax returns, and all sorts of BS saying he is a good person and it is in the past. He beat the crap out of someone in high school and got 5 years for some bs charge from it. What I here is he is a couple signatures away and is working on old past people to endorse his request..ie old principal and teachers that can see the change in him. Been 12 years for him since he was convicted.

    It is possible, but takes a lot of work and a lot of time.
     

    concrete dog

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    by the sounds of it this will take longer than he thought it would.he is now talking about maybe getting it reduced to a lesser charge.makes no sense to me but oh well
     

    hardtrailz400

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    They are not BS overall, but some of it is repetitive from what I was told. Just like anything involving govt there is BS. I know I work in govt and everything I have dealt with today is BS.

    I think it should be tough to get it removed, but I also think that it should not take 2 years to do.

    Simple

    --at least 10 years it is on your record from date of conviction
    -- Prove you have been a contributing member of society.--had job and paid taxes
    -- Show a criminal record report that you have done nothing wrong, anything remotely related to your original offense and you are not getting it pardoned.
    -- Your felony punishment, proof that you did the crime and the time with no complaints or infractions in the system
    -- Letters of recommendation ie--multiple family, 2-3 professional work related, outside friend, a teacher, counsilor, minister, police officer--someone that is not as close to you, but knows you. Make the recommendations tough but fair.
    -- I think they should have a NEW PROBATION PERIOD of 6 months or so with check-ins from a officer or someone. Make them show they are working for this and it will make their life better. Make them see a counsilor or professional in compliance w probation and be evaluated by an outside party.

    I also think certain crimes should not be eligible. But for some...a young dumb action can ruin the rest of their life. They need a new chance fresh start. They did the original time and can work to get what they need.
     

    Frank_N_Stein

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    Nov 24, 2008
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    Beech Grove, IN
    by the sounds of it this will take longer than he thought it would.he is now talking about maybe getting it reduced to a lesser charge.makes no sense to me but oh well

    Has he already been convicted of the felony? If not and it is his first felony charge, his lawyer could ask for alternate misdemeanor sentencing. I don't know all the technical jargon for it, but it basically says you are convicted of the felony but receive a misdemeanor sentence so that the felony conviction doesn't go on your record. If he doesn't have a lawyer, he needs one ASAP.
     

    public servant

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    Has he already been convicted of the felony? If not and it is his first felony charge, his lawyer could ask for alternate misdemeanor sentencing. I don't know all the technical jargon for it, but it basically says you are convicted of the felony but receive a misdemeanor sentence so that the felony conviction doesn't go on your record. If he doesn't have a lawyer, he needs one ASAP.
    ^ This. If the conviction has already taken place, basically his attorney will file a petition to the courts to reduce the charges to a misdemeanor. It's not cheap...but worth every penny unless he doesn't mind checking the "yes" box next to the question "Have you ever been convicted of a felony" for the rest of his life. I sure would not want to have to do this. Also...sometimes the judge will have restrictions placed in the court minutes that this cannot be done...ever.

    Sometimes the court will want you to jump through hoops...sometimes it's pretty smooth. Depends on the charges, the court...and the judge. My personal opinion is that it should not be cheap or easy...to make one think of the difficulties it would cause if there were ever a next time.

    Having the charges expunged (completely removed) is very difficult and very costly. More so if you were convicted than found not guilty. I'm sure one of the INGO resident attorneys could elaborate more in depth on the process.
     
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    42769vette

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    Oct 6, 2008
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    ive heard of it happening but never seen it. (i dont work any form of law enforcment or court system so i probably wouldn't)

    i defintally dont think lower felonys like class d should be a felony for life. murder is one thing but a fight in highschool is somthing completly diffrent. i bet most folks could have been convicted felons if they had gotten caught when they were "young and dumb". but as you get older you get over doing dumb stuff and i think if you can prove you arn't a menace to society any more you should get all your rights back.
     

    Bill of Rights

    Cogito, ergo porto.
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    7   0   0
    Apr 26, 2008
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    Where's the bacon?
    The options, as I understand them, would be a reduction of the crime, an expungement, or a governor's (or presidential) pardon. There may be other possibilities, the names of which I cannot recall at present. It is also my understanding that it can be done both at state and federal levels.
    All legal disclaimers apply: IANAL, IDPOOTV, IDSIAHIELN, TINLA.

    Blessings,
    Bill
     

    Gritch

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    Jan 13, 2009
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    It would be easier to get them reduced to a misdemeanor charge. Had one friend pay $2000 to get two D felonies reduced, and had another one do it himself and only paid $400 for one D felony. Expungements and pardons are next to impossible to get if you ask me.
     
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