Oldgringo wrote:03Lightningrocks wrote:Oldgringo wrote:handog wrote:
There is a two year waiting period for a misdemeanor and ten years for a felony. In my case, after two years and $1000 I can have it expunged from record.
The PD returned my gun soon after the charges were dropped.
As many of you may suspect, I ain't one to knowingly tempt fate or some dimbulb LEO or Judge's interpretation of the law. What am I missing here - what record has to be expunged if the gun was returned and the charges were dropped?
The record of arrest. Even if the DA chooses not to prosecute, the record of your arrest will remain. If they choose to prosecute the case at a later date they can. I am not sure of how long the statute of limitations applies, but it depends on the classification of the crime.
I did not know that, thanks.
IANAL, but that somehow reeks (smells to the high heavens) of Double Jeopardy. If the charge was dropped, ain't it dropped? I spent a little time in a "pokey" in the turbulent civil rights era of the early 60's - with no charges filed. Are you tellin' me that I should fear the knock on the door in the middle of the night? Horrors!
I am fairly certain you are out of the woods on anything you did in the 60's. My lawyer told me in my self defense case that they had two years on mine. My charges were both felonies. AM/AA... 2 counts each. I figure if I was good to go after two years on charges that serious, surely what ever you did in the 60's is all clear now.
You didn't kill nobody, did ya? Never mind...don't answer that! No limitation on murder.
Double jeopardy only applies if you have a trial and are found innocent. If the DA decides not to pursue charges, that does not necessarily mean you are innocent. Maybe they just don't quite have enough evidence for a conviction so they are waiting to see what might show up later. In my case my attorney told me that they might change their mind about prosecuting if I was involved in another shooting. They might start wondering why one guy would be involved in multiple self defense situations in a short time frame. Then again, they might give me a medal for killing a guy that needed killing.
Anyway... I think they do it that way so they can still get you if some kind of new evidence pops up that looks like you needed getting. I really don't know how long the time frame is for different classes of crime. What sucks for the OP is that if he is outed again and suffers another arrest for failure to conceal, it may cause them to decide it is more than an accident. It is kind of like using up your "get out of jail free" card. Same goes for me if I am involved in another self defense situation. i have to make darn sure it is not a questionable situation or a prosecutor might decide I am trigger happy. he might not see it my way if the situation is even a little questionable.
Almost forgot... I am not a lawyer...I did not stay at a holiday inn express... but I did spend two days in Lew Sterrett justice center 14 years ago... LOL.
This may be correct but it sure don't sound right. I sure have led a sheltered life.
