Jackie Fellows <[EMAIL PROTECTED]> writes:
Hi Kathy
I don't know about other states, but in MN for first-time offenders who are
not seen as a risk, they do the following:.
1. If all other conditions of probation have been fulfilled (fines paid,
restitution made, etc.), then the offender, on advice of probation officer,
may ask the court for early release off probation. Of course, there is a
thorough investigation of what the offender has been doing since the
conviction.
2. The records are not really expunged or erased totally. The crime the
offender is convicted of is reduced to a misdemeanor and the felong records, I
believe, are sealed except for certain instances--commission of another crime
is one reason. Then the prior felony is used in sentencing.
The cases I am familiar with are those dealing with first-time, small-change
dealers who have not committed prior offenses, there are no other crimes
connected to the "bust" (robbery, burglary, shoplifting), and the police and
prosecuting attorney feel that the person will learn from this mistake and by
reducing the crime from a felony to a misdemeanor the person can get on with
his/her life in a positive way, rather than slipping back into the criminal
subculture. This procedure may have changed, however, with the increase in
drug convictions that is currently occurring and they may no longer do this.
Also, in the cases I know about, this is an incentive that is recommended at
the sentencing and is put right into the record as part of the proceedings.
The conviction is always there in the background though and can be made public
if the offender again breaks the law.
The cases I know about have been successful in straightening our some people
before it is too late for them. This procedure is not used often--but only in
cases, the police and prosecutors feel that the offender has learned from
his/her mistake and will benefit by not having a felony holding them back from
being responsible citizens.
However, to have it expunged, the offender must still go through the Pardon
procedure. This is a lengthly procedure and the Board of Pardons rarely
considers it until 5 to 10 years have elapsed and the person really shows
change. Before a pardon, if it is granted, the person is subject to the same
restrictions as any other felon has in regard to rights to vote, have
firearms, etc. even though the conviction has been dropped to a misdemeanor.
So this might be in Furhman's transcript of his sentencing. I would imagine
that this was done so that he could ask for a pardon and have his rights
restored, if this is like the procedure in MN was a few years back.
jackie
Kathy E wrote:
> Kathy E <[EMAIL PROTECTED]> writes:
>
> By what authority did this judge have the right/power to expunge MF's
> record and discontinue his probation? MF pled guilty to a felony I am
> truly interested on how this judge threw out that plea and his
> reasoning. Was this a CA judge or a Idaho judge? Is there any more
> information on this?
>
--
In the sociology room the children learn
that even dreams are colored by your perspective
I toss and turn all night. Theresa Burns, "The Sociology Room"
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