espunshment and felony

[Sniperdad]

OK folks next question. A friend of mine had a old felony of theft from 1994. Since that time he had his record espunged. (Spelling)? Well he was denied a Wisconsin conceal carry. Shouldn't the espungment of cleared up his old felony? And by the way, the guys I spoke to in earlier post about 45 days, you were right I got my permit today.

 

[Sniperdad]

correction

His espunged felony was from 1984 not 1994. He was 18yo and now is 47yo with a spotless criminal and driving record

 

[B2Tall]

An expunged record is rarely 100% gone. It may disappear from view but law enforcement agencies usually keep a closed file that only they have access to.

Also, if your "friend" was convicted he may have to apply to have his rights restored by the state.

 

[Armed_and_Safe]

His espunged felony was from 1984 not 1994. He was 18yo and now is 47yo with a spotless criminal and driving record

Um not sure, but I believe that the Wisconsin question is have you committed a felony in this State or a crime in another State THAT WOULD BE A FELONY IF IT WAS COMMITTED IN THIS STATE. In other words if you commit a crime in another state Wisconsin can use that against you but if you were forgiving for it by another state then Wisconsin wouldn't have forgiving you if you did it in this state. That might be the case if he committed the felony and got it expunged in another state. If both were in Wisconsin though he should be fine.

Either way talk to a lawyer,Call the Wisconsin DOJ, or call Governor Walker to find out about pardons/expungement. Even if he is right and is permitted a license no one on this forum has the ability to right that wrong and issue him one.

 

[KCD1974]

If it is expunged, then he will have to get a letter from his/a lawyer explaining the details. Then it would also be a good idea to contact the court house where it happened and ask them to pull the record. If they can not find it, it was truly cleared.

But for about $100.00 tops his old lawyer or a new one can write a letter for him and take care of it.

 

[hotti]

Expungement is not recognized by the Feds, except in the 9th circuit, AZ and the W coast. You'll still go prison for being an "ex-felon with a gun", and the Brady Bill background check is probably what will send you their. Stick to private purchases and sales, if you have ANY concerns about your background. Many a man got prison for having a "nut-jacket", etc, that he THOUGHT was meaningless, expunged,etc, so he applied to buy a gun thru a dealer. Simply not listing that problem on the 4473 form is a felony, you know. If you list it, the FFL dealer is not going to sell you the gun.

 

[Deserteagle]

"friend"

Haha, just what I was thinking.

 

[NCIC105]

Lot of things comes into play. What was the charge? Did he spend time in local detention facility or federal center? Feds don't usually remove these charges from their books. He needs to spend some quality time with an attorney.

Good case to tell the school kids, so they may see how your actions when young can follow you all your life! He might just make one of them think about choices.

Don't take this the wrong way I'm not trying to judge this guy just being Mr. Obvious!

 

[tuts40]

"expunged". Expunge | Define Expunge at Dictionary.com (sigh) My work here is done.

 

[Sniperdad]

Update on this issue. It turns out that in 1990 he petitioned the Milw County court system and had a judge open his case and reverse the conviction and dismiss the charges. now after he got his denial letter he went to the Milw county clerk of courts criminal division and got a copy of his case file from 1983. There was a document in the large file pertaining to the judge about reopening the case and dismissing all charges. The clerk of courts admitted to a clerical error and stated it should of been updated on ccap long ago. She changed the disposition on the computer system (ccap) and sent a notification to the DOJ, crime information Bureau and the FBI of the clerical error, Turns out he never was a convicted felon but the court system made a huge mistake. Anyhow he made copies of his conviction over turned and dismissed and sent all the info in to the DOJ with the appeal process. So he should have no problem getting his conceal carry. Bad thing is , he had to pay an attorney to do the background work to get his name cleared when it was clearly a mistake from the Milw county clerk of courts criminal divisions, It just goes to show, what you read on ccap is not always the full story and how many other mistakes are made when a persons reputation and civil rights are on the line. His lawyer said to never use or trust ccap in Wisconsin. For those not familiar with ccap it is a online database of a persons criminal or court history which is considered public information. It is also very controversial in wisconsin because of mistakes such as this.