Open Carry event in Birmingham Michigan for protest

[griffin]

It depends on state law. Being from Michigan and since the subject of the OP is also in Michigan I will take your word for it but in Ind for instance, if you are arrested for carrying a handgun without a license but you later show you have a valid LTCH all record of your arrest is destroyed.

It could be different for other things but that is one example I can think of.

I don't know about the legal records (although it seems the government always has a record of anything that has happened), but google certainly exists. The history is there, so the poster's question about job applications, etc. is still valid. Just like if Zimmerman is found "Not Guilty." Do you think it will be like he was never arrested and prosecuted?

 

[Titanium_Frost]

I don't know about the legal records (although it seems the government always has a record of anything that has happened), but google certainly exists. The history is there, so the poster's question about job applications, etc. is still valid. Just like if Zimmerman is found "Not Guilty." Do you think it will be like he was never arrested and prosecuted?

Again, good point. I am certainly acutely aware of that and I have never been charged with a crime.

 

[drillsgt]

I don't know about the legal records (although it seems the government always has a record of anything that has happened), but google certainly exists. The history is there, so the poster's question about job applications, etc. is still valid. Just like if Zimmerman is found "Not Guilty." Do you think it will be like he was never arrested and prosecuted?

It should be an easy question for one of our resident LE's to answer. Do prior arrests (even without convictions/charges dropped) still show up in criminal history??

 

[Kirk Freeman]

It should be an easy question for one of our resident LE's to answer. Do prior arrests (even without convictions/charges dropped) still show up in criminal history??

Depend on what type of criminal history is run but yes they can and do show up unless they are expunged.

 

[drillsgt]

Depend on what type of criminal history is run but yes they can and do show up unless they are expunged.

Thanks Kirk!

 

[CathyInBlue]

Is expungement even an option once jeopardy has attached?

 

[Timjoebillybob]

Is expungement even an option once jeopardy has attached?

In IN? Sometimes. You can petition if you were found not guilty, charges dismissed due to lack of probable cause, mistaken identity, etc. But the judge can deny it due to a couple of reasons.

IC 35-38-5-1
Petition; grounds; verification; filing; contents; service; notice of opposition; hearing
Sec. 1. (a) Whenever:
(1) an individual is arrested but no criminal charges are filed against the individual; or
(2) all criminal charges filed against an individual are dropped because:
(A) of a mistaken identity;
(B) no offense was in fact committed; or
(C) there was an absence of probable cause;
the individual may petition the court for expungement of the records related to the arrest.

(f) After a hearing is held under this section, the petition shall be granted unless the court finds:
(1) the conditions in subsection (a) have not been met;
(2) the individual has a record of arrests other than minor traffic offenses; or
(3) additional criminal charges are pending against the individual.

Here is the IC for expungement.
Indiana Code 35-38-5

ETA If someone was thinking of filing suit. It may be in their best interest to not petition for expungement until after it is all settled.

IC 35-38-5-4
Action by person whose records are expunged that might be defended with contents of such records
Sec. 4. If a person whose records are expunged brings an action that might be defended with the contents of such records, the defendant is presumed to have a complete defense to such an action. In order for the plaintiff to recover, he must show that the contents of the expunged records would not exonerate the defendant. The plaintiff may be required to state under oath whether he had records in the criminal justice system and whether those records were expunged. If the plaintiff denies the existence of the records, the defendant may prove their existence in any manner compatible with the law of evidence.
As added by P.L.311-1983, SEC.3.

 

[drillsgt]

In IN? Sometimes. You can petition if you were found not guilty, charges dismissed due to lack of probable cause, mistaken identity, etc. But the judge can deny it due to a couple of reasons.
Here is the IC for expungement.
Indiana Code 35-38-5

ETA If someone was thinking of filing suit. It may be in their best interest to not petition for expungement until after it is all settled.

Good advice you would probably need the settlement to wrangle an expungement through the legal process

 

[Mark 1911]

This is my comment that I posted on MSN:

It is not only proper, it is high time that Americans arm themselves. If you don't want to carry in public, then you should pay an extra tax for being the sheep that you are, a sheep protected by other Americans with a backbone. If you "practice" your right to vote, are you automatically flaunting that right just because half of the country doesn't agree with your choice? This article is slanted with typical anti-gun bias, as were the police in the Birmingham, MI. These folks are within their rights. They are not "flaunting", they are engaged in a legal activity. Just because you may not agree with them, doesn't mean they are flaunting anything. We need to get used to people other than criminals and police carrying guns. This needs to become the norm. Only then, when people stop acting like sheep and remember that they are free men and women known as Americans, then will we be safe in our cities and homes again. Only then will mass shootings like Aurora and Columbine stop. The police CAN NOT and WILL NOT protect you. It is up to you. Stop flaunting your sheepishness.

 

[Timjoebillybob]

Good advice you would probably need the settlement to wrangle an expungement through the legal process

The advice is not for the expungement process. It's for the civil suit. If you read the quoted excerpt of the code I listed. It's a complete defense against the suit if the suit is based upon what was expunged. ie If your suing for false arrest etc. and the records are expunged, the case will most likely be dismissed.

IC 35-38-5-4
Action by person whose records are expunged that might be defended with contents of such records
Sec. 4. If a person whose records are expunged brings an action that might be defended with the contents of such records, the defendant is presumed to have a complete defense to such an action. In order for the plaintiff to recover, he must show that the contents of the expunged records would not exonerate the defendant. The plaintiff may be required to state under oath whether he had records in the criminal justice system and whether those records were expunged. If the plaintiff denies the existence of the records, the defendant may prove their existence in any manner compatible with the law of evidence.
As added by P.L.311-1983, SEC.3.

 

[Kirk Freeman]

Is expungement even an option once jeopardy has attached?

Yes, but after a PCR, vacation of the conviction by the Court of Appeals or Supreme Court or a pardon.

 

[drillsgt]

The advice is not for the expungement process. It's for the civil suit. If you read the quoted excerpt of the code I listed. It's a complete defense against the suit if the suit is based upon what was expunged. ie If your suing for false arrest etc. and the records are expunged, the case will most likely be dismissed.

Lighten up Francis

 

[Timjoebillybob]

Lighten up Francis

Hey only my wife gets to tell me I need to lose weight.

And I just reread what you posted. I first took it to say that winning the suit would help getting expunged. What I think you meant was that the cash from the settlement would help pay the legal fees. Which in that case your probably dead on.

 

[Eskion]

Why did I even read the comments section? Same illogical bs and name calling from the "enlightened " anti gun crowd. Makes my blood pressure jump twenty points.

I made the same mistake. People are dumb as hell, but just wait when they are being mugged and that person who carries legally saves their stupid ass.

 

[drillsgt]

Hey only my wife gets to tell me I need to lose weight.

And I just reread what you posted. I first took it to say that winning the suit would help getting expunged. What I think you meant was that the cash from the settlement would help pay the legal fees. Which in that case your probably dead on.

That's what I meant, no harm no foul

 

[CathyInBlue]

Yes, but after a PCR, vacation of the conviction by the Court of Appeals or Supreme Court or a pardon.

So... post conviction relief, vacation of the conviction, pardon...

What's the possibilities of expungement after an acquittal?