# Expungement and CPL;s



## Raven (Feb 11, 2009)

I'm still not sure how the law goes.
If I had a felony conviction in 1988 and have it expunged this year will I be able to own a firearm and get a cpl?


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## boehr (Jan 31, 2000)

Raven said:


> I'm still not sure how the law goes.
> If I had a felony conviction in 1988 and have it expunged this year will I be able to own a firearm and get a cpl?


Best to contact your local prosecutor verses anonymous people on the internet.


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## tallbear (May 18, 2005)

Raven said:


> I'm still not sure how the law goes.
> If I had a felony conviction in 1988 and have it expunged this year will I be able to own a firearm and get a cpl?


 
Go to www.migunowners.org and ask the "Legal Beagle".


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## Spartan88 (Nov 14, 2008)

Also check with the MSP firearms office, your prosecutor might be anti 2A with an agenda.


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## BuckJohnson (Sep 7, 2006)

A felony conviction MUST result in an "objective" denial of a CPL. A conviction set aside (expunged) could still be relevant under the catch-all provision of the CPL law resulting in a 'subjective' denial by a gun board, depending on the type of felony crime and underlying facts of that case.

For instance, if an applicant is convicted of a felony the board CANNOT issue a license under MCL 28.425b 7 (f). The applicant can't meet the requirements and applicant is objectively denied by the board. Board has NO discretion and can't do anything other than deny the applicant. 

However, if the felony is set aside, the board could decide to deny the applicant under MCL 28.425b 7  if the circumstances of the crime (for which the applicant is no longer convicted because conviction was set aside) do not convince the board that "issuance of a license to the applicant is not detrimental to the safety of the applicant or to any other individual". Such a denial is a subjective denial. The board could decide to deny or decide not to deny based on the underlying facts. As an example say a person was convicted of Assault with a Dangerous Weapon, a felony, for having taken a bat over to their neighbor's and making threatening gestures with the bat. The conviction is set aside so the board can't mandatorily deny for a felony conviction. However, 2 of the 3 board members decide that threatening a neighbor with a bat shows that the applicant may pose a danger to the safety of other persons. So 2 of the 3 vote to deny the application and 1 votes not to deny. The applicant has then been subjectively denied by the board.


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## Spartan88 (Nov 14, 2008)

If the board denies a permit the applicant can appeal the denial.


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## boehr (Jan 31, 2000)

Spartan88 said:


> Also check with the MSP firearms office, your prosecutor might be anti 2A with an agenda.


But the prosecutor or a representative of the prosecutor will likely be on the gun board anyway.


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## Raven (Feb 11, 2009)

Ok,so by law you are able to recive a cpl after you have your coviction set aside,Only if the gun boards opinion alows you to.


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## Spartan88 (Nov 14, 2008)

Raven, go to michigan.gov and look under the MSP page. There is a link to ccw's and the whole application process. Then call your county prosecutor and find out who sits on the gun board and talk to them. Good luck.


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