When is the only time a Felony conviction can be expounged? - i hope i spelled that right.

I can help you with the spelling, it's "expunged."

I can't help you with your question; I never did any criminal law. However, I would venture that there may be many instances-- not just one-- where a conviction might be removed from the records, such as in the case of a minor or where a conviction is overturned based upon new, conclusively exculpating evidence (DNA, for instance).

I have no where near the experience of minal, but from what I've studied...I think he's correct...I don't think there are any definites or enumerated lists...malicious procecution is another, improper trial (corrupt judge or jury) sets the stage for retrial, I'm not sure if the previous vertict is technically "expunged" in that case...

If you've got something specific in mind, I've got a Criminal class thursday, I can ask...

jag

You mean to tell me that we have a convicted FELON in our ranks????

quote:

Originally posted by Docbarry:
You mean to tell me that we have a convicted FELON in our ranks????

It's almost impossible to not have a convicted felon in any random group of sufficient size.

This forum is a self-selected group of people who enjoy fine cigars. There's ample historical evidence that certain classes of felons also like fine cigars...

Might be an interesting demographic/statistical study.

In my understanding, the whole concept of expunging a record of a crime is impossible. If someone wants to know if you did something, they will find out, record expunged or not.

For instance, many kids have underage drinking/DUI, a weapon charge, substance charges, and any number of youthful dalliances. You can hide these from future employers by having these expunged, but my understanding is that Kroll - the people that do background checks for FBI, CIA, and the like have access to those files.

In addition, if one is applying for bar admission to a jurisdiction, and that person's file is chosen to investigate, everything, regardless of legal wrangling does to paperwork, such as expungement, will be found/seen.

Expungement is a way to window dress your history, but will not hide a cracking foundation - capisci?

quote:

Originally posted by CrazyPoet:

quote:

Originally posted by Docbarry:
You mean to tell me that we have a convicted FELON in our ranks????

It's almost impossible to not have a convicted felon in any random group of sufficient size.

This forum is a self-selected group of people who enjoy fine cigars. There's ample historical evidence that certain classes of felons also like fine cigars...

Might be an interesting demographic/statistical study.

Personally, I did a nickel up in Attica in the mid-60's for hijacking a cigarette truck.

Well I hate to disagree with Mean Willie, expungement is a bit more real than he suggests. But first remember that this varies from state to state, so there is not one definiteve answer. Your state statute controls. Here in Illinois, where I have practiced criminal defense for 20 years, expungement isn't a simple "walk in" procedure. One has to jump through a number of good citizen hoops.
For the most part most Juvenile adjudications can be expunged and a number of adult convictions can also. Once the Order for Expungement is received it is taken to the police station in question and the actual file, complete with finger prints and photos is handed over. All records must be removed from computer data bases.
That being said, can someone go back and discover this information? Of course. But expungement has a definite legal effect even if the past transgression is ultimately
"discovered"

quote:

Originally posted by Scottological:

quote:

Originally posted by CrazyPoet:

quote:

Originally posted by Docbarry:
You mean to tell me that we have a convicted FELON in our ranks????

It's almost impossible to not have a convicted felon in any random group of sufficient size.

This forum is a self-selected group of people who enjoy fine cigars. There's ample historical evidence that certain classes of felons also like fine cigars...

Might be an interesting demographic/statistical study.

Personally, I did a nickel up in Attica in the mid-60's for hijacking a cigarette truck.

See? I rest my case...

I would hazard a guess that there's more than a few forum members who have "youthful indiscretions" hiding in their past.

quote:

See? I rest my case...

I would hazard a guess that there's more than a few forum members who have "youthful indiscretions" hiding in their past.

While conicidentally you may be correct (provided the post was genuine about the hijacking), and statistically there is a chance for a felon in any group, there is absolutely no logic behind your argument there is a felon in the group...it is certainly reasonable, but to say it is almost impossible "not" to have a felon has no foundation....it's entertaining, though...

jag

I did 5 to 10 back in the 1920's for runnin' some of that there two-shine Sally.

Don't know whether there are real felons here, but I'm a potential one: will kill for cigars or for treating them indecently

quote:

Originally posted by jagmqt:

quote:

See? I rest my case...

I would hazard a guess that there's more than a few forum members who have "youthful indiscretions" hiding in their past.

While conicidentally you may be correct (provided the post was genuine about the hijacking), and statistically there is a chance for a felon in any group, there is absolutely no logic behind your argument there is a felon in the group...it is certainly reasonable, but to say it is almost impossible "not" to have a felon has no foundation....it's entertaining, though...

jag

Actually, I said it's almost impossible to not have a felon in any random group of sufficient size.

WRT these forums, I just made a connection between us as a self-selected group of people who like cigars, and the possible statistical overlap with a hypothetical group of felons who also like fine cigars.

So I am not categorically stating that there are felons amongst us (all kidding aside), only that there's a greater-than-zero possibility...

It would make for an interesting and entertaining study, though....

The number of people you have to put in a room to create the statistical probability that two of them have the same birthday is only 24.

How many members of a cigar board, I wonder, does it take to create the probability of at least one being a felon? Is the answer dependent on what the percentage is of convicted felons among all adult male cigar smokers in the U.S.?

quote:

Actually, I said it's almost impossible to not have a felon in any random group of sufficient size.

WRT these forums, I just made a connection between us as a self-selected group of people who like cigars, and the possible statistical overlap with a hypothetical group of felons who also like fine cigars.

So I am not categorically stating that there are felons amongst us (all kidding aside), only that there's a greater-than-zero possibility...

It would make for an interesting and entertaining study, though....

Point taken...I'll give you that...

How'd we get so far from expunging? who knows...

jag

quote:

Originally posted by Jack White:

How many members of a cigar board, I wonder, does it take to create the probability of at least one being a felon? Is the answer dependent on what the percentage is of convicted felons among all adult male cigar smokers in the U.S.?

Not dependent at all...you're assuming that everyone that posts is a cigar smoker, male, and in the US...

jag

I dunno ... do you think there's enough non-American females who don't smoke cigars posting here to be statistically significant?

quote:

Originally posted by slodogg:
When is the only time a Felony conviction can be expounged? - i hope i spelled that right.

Everything you ever wanted to know about Expungement.

And we digress...

Just to be a devils-advocate and play along...

Significant? I guess we need to know what statistical significance is then...with the anonymity of the users, the majority of posters could be non-American females who don't smoke cigars...I would argue it would be significant then...

On the flip-side, even if there was only one non-American female that didn't smoke cigars posting here and she was a felon, I would also argue it would be significant in the total sum of felons...

Finally, non-American female non-smokers are not the only people in the class outside the group you described "adult male cigar smokers in the US"...you've got non-adult male, adult female, non-adult female cigar smokers that may or may not be cigar smokers in the US and post, and the same for those that may be posters outside the US...then, you'd have to begin to apply those results to posters, then to posters on this board...and that's assuming everyone would tell the truth...

And now you may see why I chose law over economics...because I'm much better at the argument then the math (and if you think I have a bad argument, you should see me add... )

jag

Hmmm... I have some long, boring conference calls over the next couple of days - I may need to do some research, just for fun.

Let me see... dot the t and cross the eyes, carry the Q, divide by three rubber chickens and whip until firm. Lather, rinse, repeat. Serve cold with a nice bordeaux.

Ah-Ha! We have at least one non-smoking alien female ferret, convicted of felonious assault on a turnip, on this board - it's a statistical certainty!