Can I get a CPL in michigan?

[rubiman09]

Hopefully someone can clear things up for me. 2yrs ago I got a possession of marijuana charge & was not arrested, but they did impound my car. Even though it truthfully wasn't mine, I pled guilty because the prosecutor said they will "relax" my charge. I ended up with a year of non-reporting probation & 4days community service. The judge told me if I completed my probation without problems, this would be expunged after that year. I called after the year & found out my record still shows the charge but was dismissed. Can I receive my CPL with this on my record, or do I have to wait the 8yrs? This is the only thing on my record. From what I've read I'll probably have to hire a lawyer to clear this up for me.

Thanks for the help

[pendennis]

You should probably call the court for clarification. If what you are writing is correct, you don't have a conviction on your record. I just looked at the Michigan CPL application, and it only mentions convictions relating to several misdemeanors or felonies. It doesn't mention unadjudicated charges.

You should also talk to the county prosecutor's office. They may be of further help.

[OuTcAsT]

I pled guilty

So there is no doubt you now have a criminal record.

I ended up with a year of non-reporting probation & 4days community service.

And served a sentance.

Can I receive my CPL with this on my record?

Depends on what the laws of your state are, and how severe the crime (misdemeanor most likely)

or do I have to wait the 8yrs?

I may be wrong but, I don't think it works like a ding on your credit report, pretty sure a criminal charge will not just go away after a spell unless it is legally expunged.

I'll probably have to hire a lawyer to clear this up for me.

Probably the best money you could spend.

[Brian Pfleuger]

my record still shows the charge but was dismissed.

Are you saying that your record shows that you were charged with the crime but that the charge was dismissed? If so, technically, you have not been convicted of any crime and you should be able to get a permit. It very well may depend on the temperament of the judge but, at least in theory, it should not disqualify you. Just make sure that you show on the application that you were charged for the crime, include all necessary information and go from there.

It would probably also be a good idea to call the issuing authority and ask them your questions.

[blume357]

the place that issues permits who would know for sure (save you wasting time)

Most 1st time drug convictions, even if it's still technically a conviction, are considered a misdemeanor now and do not stop you from owning a gun and such.

[Re4mer]

You might be ok if it was not a felony. Felony drug charges would get you but if it was only a misdemeanor then you may be in the clear. Most lawyers will at least give you a free consultation about this sort of thing.

[OuTcAsT]

If so, technically, you have not been convicted of any crime

Peet, he said:

I pled guilty

And:

I ended up with a year of non-reporting probation

probation, by definition, is a sentance that is imposed instead of jail.

So, we have a conviction, and a sentance. I suspect this is where the record of the offense comes from.

[Brian Pfleuger]

So, we have a conviction, and a sentance. I suspect this is where the record of the offense comes from.

but he also said:

The judge told me if I completed my probation without problems, this would be expunged after that year. I called after the year & found out my record still shows the charge but was dismissed.

Which sounds to me like that the judge removed the conviction after the year of probation. If that true then he was essentially "temporarily" convicted, and it should not count against him.

I'm no lawyer, I don't know the technicalities but I do know that certain convictions can be made to just disappear, if it's part of the original deal.

[rubiman09]

Thanks for all the responses. This has been a nightmare. I contacted a lawyer on friday. He's getting back to me sometime next week. I went to get a background check to find out the exact charges & what it truly says. I called the court house where the conviction occured & thats how i found out about it being "dismissed". I'm just not sure if it being dismissed will be treated like a non-conviction? I will post the details as soon as I get them.

Thanks again

[rubiman09]

This is the current requirements for anybody that didn't know

Applicants for a Michigan Concealed Pistol License must:

12. Have not been convicted of one of the following misdemeanors in the 8 years immediately preceding the date of application:

-Possessing a controlled substance, controlled substance analogue, or prescription form, MCL 333.7403.

13. Have not been convicted of one of the following misdemeanors in the 3 years immediately preceding the date of application:

-Controlled substances, MCL 333.7401 to 333.7461

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I do not know the difference between the two or what catagory my charge falls under, until I get my background check information. Being dismissed and not expunged, and serving probation seems to be the problem from what I've read.

FYI, never let your friends that u know use, sit in your backseat unattended. Never know what they'll drop could end up in a similar situation.

[rubiman09]

I posted this on a local forum as well, I was givin this information.

Michigan code of criminal procedure(excerpt)act 175 of 1927.Section 769.4a para. 5. (I don't know if this really pertains to my charge though)

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Sounds to me like a plea under MCL 333.7411 and you should be ok. The statute allows for a first time offender to get their case dismissed and end up with no record upon successfully completing probation.

Link to the specific statute here http://legislature.mi.gov/doc.aspx?mcl-333-7411