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Old November 14, 2011, 11:48 AM   #9
American Made
Join Date: September 21, 2011
Location: Idaho
Posts: 92
If the State court said, " Your rights are restored" and they CAN'T be used against you from this point on. Then, of course, this is considered a FULL expundement under federal law.

Where one finds trouble is when their State DOESN'T fully expundge the charge, leaving the charge floating around for future use. If, however, your State make your first charge/conviction a lesser crime - it will always be the lesser crime. The federal government cannot step in ( after the Court of law has found you guilty of the lesser crime ) and say, "not so fast, we like the first conviction better." This would step all over the police powers of the State and the 10th Amendment in general.

It all falls on whether the States law is considered a full expundgement or not. Each State has control over it's own law, and if they don't meet federal standards, that State can make it where it does.

But...... This guy would like his OWN opinion on record. Nowhere in the Constitution does it say that the commerce clause supercedes the Bill of Rights!! Sadly, these modern day Courts don't see it that way. What was once "inalienable" has been turned on it's head, twisted into whatever may be deemed as "reasonable."

Last edited by American Made; November 14, 2011 at 12:11 PM.
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