Criminal Records, Expungement court documents were expunged, police records were not...

[michiganian]

I was arrested in 2001 for b&e. I was 16 at the time making it a matter for the juvenile court. court proceedings came and went rather smoothly. My lawyer managed to get it to a short probation and 24 hours of community service with the stipulation that once the probation was completed, the incident would be immediately expunged. My behavior was (and has since been) stellar. The circuit court expunged the records as promised.

Last week I went to the county sheriff to apply for a handgun purchase permit. The local background check brought up a record of the arrest and charges, but no record of any disposition. A trip to the cricuit court confirmed that they have expunged the convition.

This tells me that the court did in fact expunge the records, but that they failed to contact law enforcement to have those files removed.

the funny thing is that if the files had not been expunged, enough time has passed that i would have been approved for the hadgun regardless. But, becuase there is no record of a disposition, i was denied.

Can anyone advise me on the best course of action to get his removed? Should i go through the usual process to expunge a conviction, even though it's already gone?

Thanks.

 

[PJ_Weber]

This tells me that the court did in fact expunge the records, but that they failed to contact law enforcement to have those files removed.

Expunging convictions doesn't necessarily mean the arrests are expunged

In many instances arrest records cannot be expunged

 

[CdwJava]

What state is this, and what was the code section for which you were convicted?

- Carl

 

[michiganian]

that's interesting, when making this thread it asks for your state. However it does not display it anywhere.

I am in Michigan.

I do not know the exact code at the moment...
I was 16 at the time (24 now) and pretty stressed, i left the legal details to the lawyer and my parents. When applying for the permit, i got a brief glimpse of the charge, but i don't fully remember it.

i'm going to guess that it was 750.110 or 750.111 something along the lines of "Breaking & entering... felony..."

 

[CdwJava]

If it were for a felony, or for a disqualifying conviction, then an expungement would not be sufficient under federal law to restore your right to bear a firearm.

Here is a link to the Michigan courts:

http://courts.michigan.gov/scao/selfhelp/family/setaside_help.htm

- Carl

 

[michiganian]

If it were for a felony, or for a disqualifying conviction, then an expungement would not be sufficient under federal law to restore your right to bear a firearm.

Here is a link to the Michigan courts:



- Carl

As I read the link you've posted, my infraction did qualify for expungement. The only thing stopping me from purchasing is not the fact that the arrest exists on the record, it is the fact that no disposition appears on the record.
if the entire file were present, the requisite ammount of time has passed that my firearm ownership rights would have been restored. I can't post the link as i don't have enough total posts on the forum yet.

My problem is getting the files to a state where they are no longer an inmpediment. since i can not have the expunged records restored in order to make the file whole and provide closure (which i would then motion to expunge), the most logical step seems to be getting the clerks office to issue another order to expunge (or seal) the police records (as should have happened 7 years ago.)

The court prepares the order after the hearing. The court will provide you with a copy of the order and will send a copy to the arresting agency and the Michigan State Police. Based on the order, the Michigan State Police will continue to maintain your record as either public or nonpublic. If the order granted your request, the record will become nonpublic...

The question that I am really asking is this: How do i go about getting the police to expunge the documents if there is no evidence of there ever being a court date or any proceedings after charges were filed? If the police files are as sealed or expunged as they can get, how do i get a record of the disposition (now destroyed) sealed along with them in order to make the records whole?

 

[CdwJava]

As I read the link you've posted, my infraction did qualify for expungement. The only thing stopping me from purchasing is not the fact that the arrest exists on the record, it is the fact that no disposition appears on the record.

The offense was not punishable as a felony? Per federal law (18 USC 922(g), I believe) if the offense was potentially punishable by one year or more in custody, that would disqualify you from firearms possession. If punishable for less, then you may not have a problem.

The question that I am really asking is this: How do i go about getting the police to expunge the documents if there is no evidence of there ever being a court date or any proceedings after charges were filed?

The POLICE do not expunge records on their own, they generally require a court order.

If the police files are as sealed or expunged as they can get, how do i get a record of the disposition (now destroyed) sealed along with them in order to make the records whole?

You'll have to ask the court. I am not from your state, so I can only guess about the specific process. Most your questions can probably be handled at the court house.

- Carl