I have a friend who was convicted 2 or 3 years ago on felony marijuana charges in Florida. He says ttthe judge told him that if he moved to a state(California)where it was not a crime or least not a felony then Florida would take the felony conviction off his record. Is this possible?
A felony is a felony. Some states may not think of it as such a big deal as others, but it is what it is. The Lautenberg (sp?) Act comes to mind, for example. And for work purposes, darn near every business I can think of is engaged in interstate commerce of some kind, which means that Federal and multi-state restrictions will apply.
Committing felonies is a pretty bad idea, from both personal and professional perspectives.
Seriously? Is that all it takes to get a conviiction off your record? And if you move back to Florida after that, then what? you’re entitled to vote again?
I agree, likely BS.
I have never heard of judge giving serious legal advice; maybe a piece of his mind, but not serious legal advice (other than get a lawyer). Still a judge may be able and willing to vacate a judgement if you agree to leave the state and not come back. Your friend should talk to an attorney.
A felony conviction doesn’t magically go away when you leave a state; background searches are nationwide. Heck even Canada can tell that you are a felon and deny you entrance.
I could see that being the intent of the judge’s words. But it would be difficult to enforce. A judge told me to get out of Dade county and never return. I did leave a couple of days later, but I’ve been back many times.
The Assistant Attorney General of my state disagrees with you:
Would a felony conviction in Minnesota be considered a felony in Wisconsin? This question stems from a subject receiving a felony drug convection in Minnesota. He now has possession of numerous firearms here in WI where he is a resident. I thought a felony conviction is a felony and the same rules apply where ever you live in the US.*
Dear MN Felony is WI Ordinance Violation:
Thanks for your question.
The applicable statute is 941.29(1). The prohibition exists for any person convicted of a felony in this state, or for a crime in another state that would be felony in this state. So it is not as simple as you suggest; if the charge is a felony in Minnesota but the charge would be a misdemeanor in Wisconsin, then that person can lawfully possess a firearm.