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Jack R.
Jack R., Lawyer
Category: Criminal Law
Satisfied Customers: 6147
Experience:  OHIO//Texas Attorney Civil/Crimnal Practice
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I had a felony in 2005, in Michigan. 1 count distribution/manufacture

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I had a felony in 2005, in Michigan. 1 count distribution/manufacture marijuana. I just recently had the felony "set aside" "expunged" or "removed from public record" by the residing judge. I live and have been a resident of Colorado for the last 4 years. My question is can I possess a firearm in Colorado now? How about in Michigan?

Thanks
Mike

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Michigan will allow you to obtain a firearm after expungement of a crime as long as the order does prohibit gun ownership. See: 7 50.224f Possession of firearm by person convicted of felony; circumstances; penalty; applicability of section to expunged or set aside conviction; "felony" and "specified felony" defined. specifically paragraph 4) http://www.legislature.mi.gov/(S(zziuav55mfwzlf55yodo2f2l))/mileg.aspx?page=GetObject&objectname=mcl-750-224f

 

Colorado does not refer to expugment. Colorado simply makes it a crime for an ex felon to possess a weapon.

 

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This communication does not establish an attorney-client relationship.Information provided here is not legal advice. Rather it is simply general information.

Customer: replied 3 years ago.

So there is no process for me to obtain a weapon in Colorado? Even though my felony happened in Michigan and was expunged in Michigan?

Customer: replied 3 years ago.

I will rate but I wont except that there is no way for me to move forward ever in Colorado.

I can appreciate your frustration. An expungement is not a total erasure of your conviction. Police, judges, prosecutors may still have access to your criminal record. The easiest thing to do is to go to your local police station and ask if there is any reason why you cannot own a handgun based on your record.

 

The statutes for ex-felons in Colorado is clear they cannot possess a gun. Colorado does not have an expunged process for adults.

 

If you found this answer useful please press the appropriate quality of service button of 3 or greater. This is needed so I can get credit for my answer. If you have follow up questions please ask.

 

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