Free Criminal Record Clearing and Expungement Information - All Forums

Mathew Higbee, Esq on felony record sealing

Fri, 19 Apr 2013 22:15:35 +0000

Sorry, right now we do not have an attorney in Georgia associated with this site to answer your question. Please contact the GA bar association.

tammy on felony record sealing

Fri, 19 Apr 2013 12:24:53 +0000

I was convincted in Ga for Identity fraud, and was offered 7 years probation, along with fines and community service, and my record was sealed in GA and was supposed to be clear after completion. I transferred to Bay Co Florida and completed my sentence. My question is : How do I get my name cleared in Florida? I was not sentenced in Fl but served probation here. I'm currently trying to enter a program in College, and failed the background check. Please help or any advice as to what I can do is greatly appreciated.Thanks.Tammy

Mathew Higbee, Esq on Lautenberg Amendment question

Sun, 17 Mar 2013 21:12:59 +0000

The first thing to keep in mind that the initial determination of whether or not you receive your firearm will be made by a bureaucrat who will deny you for any reason they can. When in doubt, they deny. Also keep in mind, that the bureaucrats are not always legal experts, so the results will be inconsisent.

So, the answer to your question is that your reduction should restore your right in CA, after you meet the 10 year waiting period and remove the Lautenberg amendment restriction.

Paragraph (C) of the Lautenberg amendment will explain why it will not apply to you. A reduciton pursuant to 17(B) restores your civil rights in CA.

"(3) the conviction can not have been expunged or set aside, or be an offense for which the person has been pardoned or has had civil rights restored (if the law of the applicable jurisdiction provides for the loss of civil rights under such an offense) unless the pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms. The issue of restoration of civil rights must be carefully researched for each potential defendant. For example, in some states a person automatically loses his/her civil rights upon the execution of a sentence of imprisonment (felony or misdemeanor) only to have the rights restored upon the defendant's release from prison or sentence."

ozone1965 on Restoring Firearm Rights

Fri, 01 Mar 2013 03:40:31 +0000

About 23 years ago I was convicted of a felony (3rd degree) in N.J. and sentenced to probation. After about 3 months I was released from probation because I was deemed low risk and I have remained trouble free since. I am nearly fifty, disabled, living in Florida and looking to get my firearm rights restored specifically and only for home defense. I have read many stories detailing the difficulties involved with getting firerarm rights restored and it seems virtually impossible. What guarantees can you make regarding restoration of these rights? I am on a fixed income and cannot afford to spend $1200 dollars just to find out it was never really going to happen.

Rich on Lautenberg Amendment question

Tue, 05 Feb 2013 18:11:51 +0000

I was charged in California with 273.5/Felony and had it reduced to 243e/Misdemeanor. According to this website, the fact that the original charge was a felony means that Lautenberg does not apply. I have had an attorney in California research the issue at my expense and he assured me that Lautenberg does apply because the conviction is a misdemeanor.

Is there some loophole that I am missing? Something I can file? What case law are you relying on to make the assertion that felonies reduced to misdemeanors fall outside of Lautenberg?

Thanks.

Mathew Higbee, Esq on deferred adjudication

Mon, 14 Jan 2013 21:21:05 +0000

Assuming that you successfully completed it and that it was not for a prohibited offense, such as family violence, you can may be able to get it expunged if it was a Class C misdemeanor or sealed if it was anything else.

kris on deferred adjudication

Mon, 14 Jan 2013 10:58:40 +0000

how do i get a deferred adjudication off my record

Mathew Higbee, Esq on Lessor related charge

Tue, 01 Jan 2013 22:25:21 +0000

Not sure why this post to 6 months to appear in our system, but I apologize for the delay. Yes, there are plenty of charges the DA can offer. If it is any comfort, 311 is usually only a 10 year registration requirement, assuming there are no subsequent convictions.

Mathew Higbee, Esq on Expunging a class B Misdemenor

Tue, 01 Jan 2013 22:22:31 +0000

No, but you may get it sealed with an order for non-disclosure. That provides most of the benefits of expungement.

Mathew Higbee, Esq on NCIC

Tue, 01 Jan 2013 22:21:09 +0000

Yes, the Department of Justice should forward the information to the FBI, which is the same database used by NCIC.

Mathew Higbee, Esq on Laugtenberg amendment question

Tue, 01 Jan 2013 22:19:40 +0000

The Lautenberg amendent should not apply to you because your offense was originally a felony conviction. That is what is controlling. If you are being denied your firearm rights, you need to fight it.

As far as the paternity issue, that is not an issue I have seen resolved. It should not apply, but that too may take some arguing with the feds.

Have you been denied a firearm?

Mathew Higbee, Esq on I'm eligible to get my case set side

Tue, 01 Jan 2013 22:15:23 +0000

Yes, you will be eligible. You or your attorney should ask the judge to set it aside when probation is discharged. Oddly enough, in most cases, the sooner you ask, the better the chances.

You can read the relevant law at http://www.recordgone.com/texas/setting-aside-of-conviction/law/

Art. 42.12. Community Supervision Sec. 20. Reduction or Termination of Community Supervision.

Mathew Higbee, Esq on Shoplifting Misdemeanor

Tue, 01 Jan 2013 22:02:01 +0000

Sorry to hear that you are experiencing difficulty getting employment. The court record may still show-up on background checks it should show-up as set-aside, which looks better than convicted. You should request a copy of the background check. Federal law (FCRA) says you are entitled to a copy if there is anything negative on it. Make sure the report is showing the case is set-aside. If it isn't dispute it.

Lari on Shoplifting Misdemeanor

Sat, 01 Dec 2012 00:02:21 +0000

I recently "set aside" my shoplifting case & I've been denied a couple of jobs because my record still comes up. It's very frustrating & I am a Justice Studies major as well :( the whole case was set aside but for some reason it's coming up on background checks. If was set aside why is it coming up on background checks? It is embarrassing & it's caused me lots of jobs and all court information shows its been set aside so I'm confused. Help please !!

jonnyhep on Laugtenberg amendment question

Tue, 27 Nov 2012 17:45:56 +0000

In 2006 I took a pled guilty to felony child abuse. I was sentenced to three years of probation and parenting classes. I did everything that I was required to do. In 2009 the felony was reduced to a misdemeanor and then "expunged." Since then I have been looking into the Laugtenberg amendment and I have some questions. The victim in my case is not my son. I was married to his mom when he was born but he wasn't biologically mine. During the civil trial that happened while my criminal trial was going forward the victim's paternity was established and I was removed as the alleged father. Since the Laugtenberg amendment has as a requirement:

committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim."

would the Laugtenberg amendment apply to me since I was not his parent by the legal definition nor his guardian? I don't know if it would make a difference, but the victim was also only three months old and I was in the navy and out to sea for most of those three months.