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Offlinetodesengel
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If something becomes legal does your record change?
    #16964893 - 10/04/12 12:03 PM (11 years, 4 months ago)

Say for instance, Marijuana becomes legal in Washington state this November. Would that have any effect on anyone who has a record with marijuana offenses? Would previous marijuana related crimes become null?

Not necessarily marijuana, any crime, I am just curious if it will make the relevant prior offense null upon becoming legal.


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InvisibleEnlilMDiscord
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Re: If something becomes legal does your record change? [Re: todesengel]
    #16965228 - 10/04/12 12:57 PM (11 years, 4 months ago)

No.

In fact, if you're sent to prison for 20 years for possession of marijuana, and it is made legal the next day, you stay in prison for 20 years.

Even worse:  If you possessed marijuana last week, but it becomes legal today...you can still be arrested, tried, convicted, and sent to jail for having it last week.

All that matters is the legality at the time of the conduct.


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Invisibleluvdemshrooms
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Re: If something becomes legal does your record change? [Re: Enlil]
    #16965282 - 10/04/12 01:07 PM (11 years, 4 months ago)

I was aware of that, but... what effect does that have on getting your record cleared (and getting yourself out of the slammer)?

Does it make it any easier?


--------------------
You cannot legislate the poor into prosperity by legislating the wealthy out of prosperity. What one person receives without working for another person must work for without receiving. The government cannot give to anybody anything that the government does not first take from somebody else. When half of the people get the idea that they do not have to work because the other half is going to take care of them and when the other half gets the idea that it does no good to work because somebody else is going to get what they work for that my dear friend is the beginning of the end of any nation. You cannot multiply wealth by dividing it. ~ Adrian Rogers


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Offlinetodesengel
the chinese chicken


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Re: If something becomes legal does your record change? [Re: Enlil]
    #16965291 - 10/04/12 01:08 PM (11 years, 4 months ago)

Thanks and I wanted to post the same thing as the person above.

Will it make it easier to get something expunged?


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InvisibleEnlilMDiscord
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Re: If something becomes legal does your record change? [Re: luvdemshrooms]
    #16965302 - 10/04/12 01:11 PM (11 years, 4 months ago)

It changes nothing, generally.  Expungements are pretty straightforward things.  They aren't "hard" in the first place.  You either qualify for an expungement or you don't.


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Offlinetodesengel
the chinese chicken


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Re: If something becomes legal does your record change? [Re: Enlil]
    #16965328 - 10/04/12 01:15 PM (11 years, 4 months ago)

Thank you.


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Invisibleluvdemshrooms
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Re: If something becomes legal does your record change? [Re: Enlil]
    #16965363 - 10/04/12 01:22 PM (11 years, 4 months ago)

Quote:

Enlil said:
It changes nothing, generally.  Expungements are pretty straightforward things.  They aren't "hard" in the first place.  You either qualify for an expungement or you don't.





So, wouldn't the fact that what you "did", is now legal, be a qualification all by itself?


--------------------
You cannot legislate the poor into prosperity by legislating the wealthy out of prosperity. What one person receives without working for another person must work for without receiving. The government cannot give to anybody anything that the government does not first take from somebody else. When half of the people get the idea that they do not have to work because the other half is going to take care of them and when the other half gets the idea that it does no good to work because somebody else is going to get what they work for that my dear friend is the beginning of the end of any nation. You cannot multiply wealth by dividing it. ~ Adrian Rogers


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InvisibleEnlilMDiscord
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Re: If something becomes legal does your record change? [Re: luvdemshrooms]
    #16965477 - 10/04/12 01:43 PM (11 years, 4 months ago)

No.  A criminal record indicates a willingness to engage in conduct deemed inappropriate by society.  It shows that someone doesn't follow the rules.  If the rules change, that doesn't change the fact that the person intentionally broke them before. 

Expungement laws generally have very specific guidelines.  Certain crimes can be expunged while others can't.  Often, there is a waiting period and/or a requirement of no criminal convictions during that period..etc...it doesn't take into account whether the law has changed.


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Invisibleluvdemshrooms
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Re: If something becomes legal does your record change? [Re: Enlil]
    #16965599 - 10/04/12 02:00 PM (11 years, 4 months ago)

Well, I guess I'm glad that I haven't been nailed for anything, because that would seriously piss me off.


--------------------
You cannot legislate the poor into prosperity by legislating the wealthy out of prosperity. What one person receives without working for another person must work for without receiving. The government cannot give to anybody anything that the government does not first take from somebody else. When half of the people get the idea that they do not have to work because the other half is going to take care of them and when the other half gets the idea that it does no good to work because somebody else is going to get what they work for that my dear friend is the beginning of the end of any nation. You cannot multiply wealth by dividing it. ~ Adrian Rogers


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Anonymous #1

Re: If something becomes legal does your record change? [Re: luvdemshrooms]
    #16977606 - 10/06/12 12:52 PM (11 years, 4 months ago)

I am a felon due to a charge of mfg/delivery THC.
I was sort of thinking the same thing.

My question is this, if I were to go after, and be granted something like clemency after my waiting period has expired. Would I be able to own a firearm if I was lucky enough to be granted the extraordinary priveledge?
I've been getting a ton of conflicting info on this. Some say once you're found guilty of a felony you may NEVER own a gun, some say that if granted clemecy or such, you're able to.

What's the real story, Mr Enlil?


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InvisibleEnlilMDiscord
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Re: If something becomes legal does your record change? [Re: Anonymous #1]
    #16977626 - 10/06/12 12:56 PM (11 years, 4 months ago)

There are people who get gun rights restored after a felony conviction.  I don't know the process, but I am curious about it.  I will look this up and get back to you on this.  Probably not until I get back from vegas, however.  Stay tuned.


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Anonymous #1

Re: If something becomes legal does your record change? [Re: Enlil]
    #16977657 - 10/06/12 01:02 PM (11 years, 4 months ago)

Much abliged!


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InvisibleEnlilMDiscord
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Re: If something becomes legal does your record change? [Re: Anonymous #1]
    #17035614 - 10/15/12 02:21 PM (11 years, 4 months ago)

Okay, I looked into it.  Federal law makes it a crime for a convicted felon to possess a firearm.  It also says:
"Any conviction which has been expunged, or
set aside or for which a person has been pardoned or has had civil
rights restored shall not be considered a conviction for purposes
of this chapter, unless such pardon, expungement, or restoration of
civil rights expressly provides that the person may not ship,
transport, possess, or receive firearms." (18 U.S.C. 921(a)(20)).

This means that if you get the felony expunged, the federal firearm ban doesn't apply to you.  Of course, there are always caveats:

1.  The state you currently live in MIGHT have a ban that extends to expunged felonies.
2.  The state where you were convicted might grant an expungement under the condition that you still can't possess a firearm.

Most likely, if you can get the charge expunged, you're golden.


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Anonymous #1

Re: If something becomes legal does your record change? [Re: Enlil]
    #17035727 - 10/15/12 02:38 PM (11 years, 4 months ago)

once again, Enlil, you're amazing.

Have you picked up any tips along the way for folks seeking such an action?

I read through my states clemency sheets, and they say you pretty much need a valid reason for such privilege. I dont need to get an alcohol license, my job doesn't and wont require me to have a firearm, I dont plan to run for public office, etc....
I just want to start over.

so, my question posed above.....

think they'd buy that I'd want to run for public office and then state "yeah, that's fine, but no gun"?
(I know that you dont really know, but neither do I)


Edited by Anonymous (10/15/12 02:39 PM)


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InvisibleEnlilMDiscord
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Re: If something becomes legal does your record change? [Re: Anonymous #1]
    #17035743 - 10/15/12 02:41 PM (11 years, 4 months ago)

I don't know your state's expungement laws.  It's not something I deal with.


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OfflineEllis Dee
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Re: If something becomes legal does your record change? [Re: todesengel]
    #17037747 - 10/15/12 07:56 PM (11 years, 4 months ago)

Quote:

todesengel said:
Say for instance, Marijuana becomes legal in Washington state this November. Would that have any effect on anyone who has a record with marijuana offenses? Would previous marijuana related crimes become null?

Not necessarily marijuana, any crime, I am just curious if it will make the relevant prior offense null upon becoming legal.



No. If you got caught with a joint in your sock in 1965 Texas when it was still a felony you will legally remain a convicted felon dirtbag until you die, alone, in the dark.


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"If the foundations be destroyed, what can the righteous do."-King Solomon

And there was war in heaven: Michael and his angels fought against the dragon; and the dragon fought and his angels,


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