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  #1  
Old 10-16-2008, 11:57 AM
Hydrogenpal Hydrogenpal is offline
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Question Please help. How do release conviction of felony

Would the ucc or affidavit of denial of corporate existence work in this case?

My brother has felony charges on him for insurance fraud.

He has done all probation and paid all fees how would he be release from the charges on his record?

what should I do to help him get this done?

thank you for your response.
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  #2  
Old 10-16-2008, 01:01 PM
Lawdog Lawdog is offline
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answer

Quote:
Originally Posted by Hydrogenpal
Would the ucc or affidavit of denial of corporate existence work in this case?

The "affidavit of corporate existence" is as meaningless as the UCC stuff. Despite what a few hucksters will tell you, your name being typed in all capital letters in court papers is not any kind of accusation that a person is a corporation. It's a stylistic convention, nothing more.

Your brother, if he wants his records expunged, needs to deal with the appropriate authorities, either state or federal. I will assume it is state since you said insurance fraud. He needs to contact the governor, and the state Board of Pardons and Paroles (or whatever they call it in your state) and ask about expunging his record.

He can do this either by himself or through a lawyer. A lawyer experienced in post-conviction remedies might be useful in cutting through the red tape.

But there is no magic bullet, no magic piece of paper you can file that will have the effect you desire. And beware of anyone who tells you otherwise, because they are just trying to con you out of your money.
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We reject Skurdal's argument that he is a "free man" exempt from the laws because he has "no contracts" with either the state or federal governments...No persons in Montana may exempt themselves from any law simply by declaring they do not consent to it applying to them...Accepting Skurdal's assertion of exempt status is an invitation to anarchy. We decline that invitation. - State v. Skurdal, Supreme Court of Montana, 235 Mont. 291, 767 P.2d 304 at 308 (1988).
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  #3  
Old 10-16-2008, 01:23 PM
Thom1776 Thom1776 is offline
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First Rule Of Sui Juris:

Rule #1: Ignore Lawdog. He is a government shill and is not interested in helping people to help themselves.

Quote:
Originally Posted by Hydrogenpal
Would the ucc or affidavit of denial of corporate existence work in this case?

My brother has felony charges on him for insurance fraud.

He has done all probation and paid all fees how would he be release from the charges on his record?

what should I do to help him get this done?

thank you for your response.

If he paid his dues, why is he worried about it now? It's all ancient history and today he is a free man, correct?

He should just forget about it and move on with his life.

Is there someone who is trying to use this against him in some way?
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  #4  
Old 10-16-2008, 01:42 PM
Godssun Godssun is offline
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Quote:
Originally Posted by Lawdog
he wants his records expunged

Correct.

Rule number one: Never ignore an educated professional who has taken the time to help you.

Although he is not engaging in the term of art "Legal advice", Lawdog is a lawyer and his advice on getting an expungment is very valid and should be considered valuable..
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  #5  
Old 10-16-2008, 01:45 PM
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mrg mrg is offline
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You can get convictions expunged.

I am not sure about felonies though.

If the felony can be expunged, it might make it easier to find work, housing, etc., if that is a concern.

If this is not a concern, then, as Thom said, why not just get on with his life?
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  #6  
Old 10-16-2008, 01:54 PM
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mrg mrg is offline
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Quote:
Originally Posted by Godssun
Correct.

Rule number one: Never ignore an educated professional who has taken the time to help you.

Although he is not engaging in the term of art "Legal advice", Lawdog is a lawyer and his advice on getting an expungment is very valid and should be considered valuable..

He is a government shill, propagandist hack, who has been banned from here before, as have you, and is hardly a "lawyer," "attorney," or "educated professional" any more than are you.

It took no "time" to "help."
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  #7  
Old 10-16-2008, 02:54 PM
Hydrogenpal Hydrogenpal is offline
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Quote:
Originally Posted by mrg
You can get convictions expunged.

I am not sure about felonies though.

If the felony can be expunged, it might make it easier to find work, housing, etc., if that is a concern.

If this is not a concern, then, as Thom said, why not just get on with his life?

yes the reason he is having problems is that his line of work will have him work for some time and then they lay him off. so the job search starts over and the felony charge shows up again and again. I hate to see him so upset after job interviews.

He never served time just probation served just over half the time so his p.o. says he can be released from probation.

So I understand there is no magic doc to fix it but what are the steps he should take to get the ball rolling?
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  #8  
Old 10-16-2008, 03:48 PM
Thom1776 Thom1776 is offline
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Quote:
Originally Posted by Hydrogenpal
yes the reason he is having problems is that his line of work will have him work for some time and then they lay him off. so the job search starts over and the felony charge shows up again and again. I hate to see him so upset after job interviews.

Well then, he has some major decisions to make; namely, career decisions.

There are many ways to make money without worrying about what people think of things that you may have allegedly done in the past.

If he is so dependent on his current career, or just unwilling to go off in a new direction, then his life may very well continue to be extremely difficult. If he wants to be free and sovereign, and not have to rely on others for the living he makes, then all he has to do is stand up for himself and assert to others that he has every right to exist and prosper in our society and that something that he might have done in the past is now irrelevant.

Could you share with us what it is that he does?
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  #9  
Old 10-16-2008, 04:15 PM
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mrg mrg is offline
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Quote:
Originally Posted by Hydrogenpal
what are the steps he should take to get the ball rolling?

pretty much what lawdog said.

or the career decisions Thom suggests.

That may take awhile.

Last edited by mrg : 10-16-2008 at 04:57 PM.
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  #10  
Old 10-16-2008, 09:18 PM
Lawdog Lawdog is offline
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the real rule

The real rule #1: Don't listen to uneducated morons who don't know what they are talking about.

Part of my practice (not all of it) is criminal defense. In those cases, I am defending my client FROM the government. Accordingly, anyone who thinks I am a government shill is one of those aforementioned morons.

As in all legal matters, your brother can resort to self-help, or he can retain the services of an attorney. It's just that simple.

Either way, I wish him luck.
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We reject Skurdal's argument that he is a "free man" exempt from the laws because he has "no contracts" with either the state or federal governments...No persons in Montana may exempt themselves from any law simply by declaring they do not consent to it applying to them...Accepting Skurdal's assertion of exempt status is an invitation to anarchy. We decline that invitation. - State v. Skurdal, Supreme Court of Montana, 235 Mont. 291, 767 P.2d 304 at 308 (1988).
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