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Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4475
Experience:  Almost 12 years of legal experience, primarily in criminal law
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Can felonious assault (assault with dangerous weapon) be expunged

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Can felonious assault (assault with dangerous weapon) be expunged from a record. It was actually a road rage incidence with a vehicle. The driver is a recovering alcoholic. No drinking for over 5 years. The other vehicale involved called the police first. This is in the state of Michigan. He is recently married and his wife has a CCW. They are told that she cannot have a weapon in the house because of his record. Thank you, Beverly

Felonious assault can be "set aside" from a person's record if it is the only conviction on the person's record, and it has been 5 years since the person completed their term of incarceration (or 5 years from the date of sentence if no jail was given). Here are the instructions for obtaining a set-aside:

Obtaining a set-aside will not restore firearm rights, however. He would have to obtain a pardon from the governor to do that. A set aside only restores firearm rights under state law. It would still be illegal for him to live in a home with a gun under federal law unless he gets a state pardon.
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