New Legislation Banning Any Felons From Becoming Caregivers

[lawyercaregiver]

Yes you only get one bite at the apple to expunge a felony- any other convictions and no expungement (unless it is one of them is a 7411 or under advisement deal). Here is the statute. It is 5 years, not 7.

 

SETTING ASIDE CONVICTIONS (EXCERPT)

Act 213 of 1965

 

 

780.621 Application for order setting aside conviction; setting aside of certain convictions prohibited; time and contents of application; submitting application and fingerprints to department of state police; report; application fee; contest of application by attorney general or prosecuting attorney; notice to victim; affidavits and proofs; court order; definitions.

 

Sec. 1.

 

(1) Except as provided in subsection (2), a person who is convicted of not more than 1 offense may file an application with the convicting court for the entry of an order setting aside the conviction.

 

(2) A person shall not apply to have set aside, and a judge shall not set aside, a conviction for a felony for which the maximum punishment is life imprisonment or an attempt to commit a felony for which the maximum punishment is life imprisonment, a conviction for a violation or attempted violation of section 520c, 520d, or 520g of the Michigan penal code, 1931 PA 328, MCL 750.520c, 750.520d, and 750.520g, or a conviction for a traffic offense.

 

(3) An application shall not be filed until at least 5 years following imposition of the sentence for the conviction that the applicant seeks to set aside or 5 years following completion of any term of imprisonment for that conviction, whichever occurs later.

 

(4) The application is invalid unless it contains the following information and is signed under oath by the person whose conviction is to be set aside:

 

(a) The full name and current address of the applicant.

 

(b) A certified record of the conviction that is to be set aside.

 

© A statement that the applicant has not been convicted of an offense other than the one sought to be set aside as a result of this application.

 

(d) A statement as to whether the applicant has previously filed an application to set aside this or any other conviction and, if so, the disposition of the application.

 

(e) A statement as to whether the applicant has any other criminal charge pending against him or her in any court in the United States or in any other country.

 

(f) A consent to the use of the nonpublic record created under section 3 to the extent authorized by section 3.

 

(5) The applicant shall submit a copy of the application and 2 complete sets of fingerprints to the department of state police. The department of state police shall compare those fingerprints with the records of the department, including the nonpublic record created under section 3, and shall forward a complete set of fingerprints to the federal bureau of investigation for a comparison with the records available to that agency. The department of state police shall report to the court in which the application is filed the information contained in the department's records with respect to any pending charges against the applicant, any record of conviction of the applicant, and the setting aside of any conviction of the applicant and shall report to the court any similar information obtained from the federal bureau of investigation. The court shall not act upon the application until the department of state police reports the information required by this subsection to the court.

 

(6) The copy of the application submitted to the department of state police under subsection (5) shall be accompanied by a fee of $50.00 payable to the state of Michigan which shall be used by the department of state police to defray the expenses incurred in processing the application.

 

(7) A copy of the application shall be served upon the attorney general and upon the office of the prosecuting attorney who prosecuted the crime, and an opportunity shall be given to the attorney general and to the prosecuting attorney to contest the application. If the conviction was for an assaultive crime or a serious misdemeanor, the prosecuting attorney shall notify the victim of the assaultive crime or serious misdemeanor of the application pursuant to section 22a or 77a of the crime victim's rights act, 1985 PA 87, MCL 780.772a and 780.827a. The notice shall be by first-class mail to the victim's last known address. The victim has the right to appear at any proceeding under this act concerning that conviction and to make a written or oral statement.

 

(8) Upon the hearing of the application the court may require the filing of affidavits and the taking of proofs as it considers proper.

 

(9) If the court determines that the circumstances and behavior of the applicant from the date of the applicant's conviction to the filing of the application warrant setting aside the conviction and that setting aside the conviction is consistent with the public welfare, the court may enter an order setting aside the conviction. The setting aside of a conviction under this act is a privilege and conditional and is not a right.

[GanjaWarrior]

Bump.... please help my patients, myself and all the others from this uncalled for change. If the divide us they will conquer us.

[GanjaWarrior]

here it is

[peanutbutter]

No its, a drug conviction, as that would pertain to the issue at hand. this is really funny, does a felony keep you from a bottle of oxys?

 

Ummmm .. no .. but it would probably keep you from getting a job in the oxy factory.

 

This amendment would keep any felon from being a caregiver. No impact on the patient at all.

[GanjaWarrior]

Ummmm .. no .. but it would probably keep you from getting a job in the oxy factory.

 

This amendment would keep any felon from being a caregiver. No impact on the patient at all.

 

 

in this case im a p/cg...so they would let me in the plant just not let me be compassionate towards the sick

[GanjaWarrior]

Lawmakers do not have the right to alter the will of the people. That was why the bar was set so high(75%), for them to make a change. They see a chance here to pick on a group of people that may not have public support. It is immoral on their part. What they really seek is a foot in the door. Once they amend it once, then the flood gates will open. You will not be able to purchase Medical Marijuana in Michigan. Keep them out of our law! Join us in Saginaw!

 

Ill be there and im bringing as many as i can with me!

[wozerdozer]

I am a fellon and I will be there at the rally.

[Guest Mr_smith]

How about the people that are being charged with felonys for crimes they did not commit? Those people have enogh $hit to deal with for something they did not do.

 

If you actually pay attention to the forums then you will notice that MANY people are being charged with felonys that they did not commit.

This forum, of all places, should know that our legal system is a clusterfuhc. Also, quite a few people that actually do commit felonys get so much punishment for them, that they do not re-offend.

 

How about this.. I am currently facing a felony assault charge in wayne county. Did I commit the crime i am being charged with?? NO!!!

In a nutshell, I got into a fight with a drunk driver that was driving dangerously. I CALLED THE COPS. After the fight and before the fuzz showed up he got in his car and took off. The cops came, I told them what happened and they left. 2 days later, I get a call from a detective saying that the drunk driver came in (after he sobered up) and claimed that I beat him with a 2x4!! His girlfriend agreed and now I might be Fuhked.

 

What im getting at is the fact that all felons are not guilty of what they did, and alot of them are good people who made a mistake a long time ago and have grown up.

 

If you want to support this change and set us further back go ahead, do nothing. But I think we have enough to deal with already so lets concentrate on getting the law we already have straightened out before we go making it harder and more complex.

[+mayorherb]

I thought it already was illegal for a felon to be a cg, thought I read it in the law when I first started looking into it..

 

Sb

Can not be a care giver if you have a felony for drugs, but you can be a childmolester, you can be a murder, rapist,drunk driver,all sorts of things, But not for having weed with a felony.

[+mayorherb]

For all the sob stories of 75 year old felonies that have nothing to do with growing weed please know that you can EXPUNGE a felony that is 7 years or older from the date of the conviction.

 

Will cost you about a grand to get it done.

 

I agree there is an element of a 'Scarlet Letter' here. Makes me wonder how far the legal and cultural systems have really advanced since the Middle-Ages.

If the felony is the only thing on your record.If you have any other , misdameaner say, you can not get it expunged.

[Zombiefied]

(g) "Primary caregiver" means a person who is at least 21 years old and who has agreed to assist with a patient's medical use of marihuana and who has never been convicted of a felony involving illegal drugs.