Q: Being around firearm and passing the background check for a firearm purchase
Convicted of 750.234b (A) discharge firearm at occupied dwelling (attempt) in April of 2011. 1 year probation was my sentence. The sentence carried a max of 4 years but with the attempt statue that would reduce too 2 years and be considered a "misdemeanor" can I be charged with felon in possesion if I am with someone who has a firearm? On a side note I have an expungement hearing scheduled for June of this year. I have one prior misdeameanor from 1990 for underage purchasing of alcohol. I am 45 now. Have no criminal issues since the incident in 2011. In your professional opinion what are my odds of having this expunged?
A: If the maximum sentence for the underlying crime is 4 years, then your conviction for attempting to commit that crime would result in a misdemeanor on your record. Therefore, you would not be charged with felon in possession due to this conviction.
Whether or not your expungement will be granted depends on the judge, whether the prosecutor objects and what you have been doing since your conviction. For example, some judges require proof of community service.
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