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How are you do no how i could get rid of my felony.

Customer Question
Hi how are you...

Hi how are you do no how i could get rid of my felony

Lawyer's Assistant: What state is this in? And can you tell me a little more about the charge?

Michigan

Lawyer's Assistant: Has anything been filed or reported?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Its been over 30 years

Submitted: 3 months ago.Category: Legal
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Answered in 1 minute by:
12/31/2017
Lawyer: Zoey, JD, Attorney replied 3 months ago
Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 30,085
Experience: Active member of the NYS bar since 1989
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Hi,

I'm Zoey.

I've reviewed your post. What was the charge and your sentence?

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Customer reply replied 3 months ago
conspirisy to sell steroids 2 years probation in 1992
Customer reply replied 3 months ago
no i was just wondering
Lawyer: Zoey, JD, Attorney replied 3 months ago

Thank you. Please give me a few minutes to look up Michigan's expungement laws and see what can be done for you. Then I'll type you a reply.

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Customer reply replied 3 months ago
it was federal
Lawyer: Zoey, JD, Attorney replied 3 months ago

Oh! That makes a big difference. From your question, I thought it was state. Give me a few to type the answer for you.

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Customer reply replied 3 months ago
do you want me to call
Lawyer: Zoey, JD, Attorney replied 3 months ago

Calling is a premium service requiring an extra fee on top of what you've already paid. It's strictly optional and if you'd rather save the money, wait for me to reply. I'm just about finished with what I need to check.

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Lawyer: Zoey, JD, Attorney replied 3 months ago

Unfortunately, as you probably know, the Federal government has no expungement law, except for those young adults who are sentenced to the Federal government's drug diversion program. For all other Federal crimes your remedy is to seek a pardon from the President of the United States.

You would do so by petitioning for a pardon to the Office of the Pardon Attorney within the US Department of Justice. It is too soon to know how generous the current president will be with his pardon powers. It is a very long longshot, however, given the huge number of Federal applicants. Still, it is free to apply for, you don't need a lawyer to do so, and you have nothing to lose and everything to gain by giving it a try. You can learn more about this and download the forms here:

https://www.justice.gov/pardon

There's one more possibility that you need to know about. For this you would absolutely need an attorney, however. There is such a thing as an equitable expungement. That is, a judge has the power to grant a petition for an expungement even when the law does not specifically provide for one.

Judges do not like to use their powers under equity frivolously. They would require a compelling reason to seal a record that the government wants you to carry. However, with no further difficulty with the law in 30 years, a judge might be willing to grant such a petition. In any case, it may be easier to get such a petition granted than to secure a presidential pardon.

Federal law is split about whether it is proper for a Federal court to grant an equitable expungement at all. If you're in Michigan, the 6th Circuit does recognize a court's right to expunge under some conditions: if there was an error, if there is factual innocence or if there are Constitutional grounds for such an expungement, such as an illegal arrest.

There are criminal lawyers who specialize in Pardons, expungements and restoration of rights. It may be worth a consultation with a local Federal criminal attorney to find out whether he believes he can come up with a Constitutional basis to get your old case expunged by the court that convicted you 30 years ago.

Good luck and best wishes for a happy new year.

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Lawyer: Zoey, JD, Attorney replied 3 months ago

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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