What is a Class 5 felony?

Question

Okay, I want to come clean about this. When I was 16, I went bow hunting for deer, and I sorta took a pistol with me due to the large numbers of coyote in the area. When I got home, I unloaded everything from my bag.... except the pistol. It was unloaded at the time. It was in a seperate compartment, so I forgot about it. Well, I went to school the next day, and some weirdo on the bus snooped around in my bag when I wasn't looking, and he found said pistol. Well, 45 minutes into the school day, the principal asks to see me in the hall. I was then informed that the police had been called, and that they found the gun. I was stunned, and I know I was crying. I was arrested, expelled, and did jail time for an accident. Class 5 felony, even though I had no ammo. Will it ever be off my record? Also, 2 weeks later, another kid brought a gun, and was suspended for 2 days. He was a football player. Can I sue?

Also, they broke the law by expelling me. I have a diagnosed mental disability, and they law says they can only suspend me for a maximum of 45 days. Is this grounds for a lawsuit? And what makes things worse, I was kicked out of boy scouts after 11 years of service, and hard work. My life is ruined.

Answer 1

It costs you nothing to have an initial consultation with an attorney. I am not sure of the state you live in and what the statutes are there but that would be a start in your case. With a mental disability you may have a stronger case than most but again, it depends on the statute of limitations. Find your closest discrimination attorney, be sure his reputation is good and set an appointment to talk with him!
Good luck!!

Answer 2

An offense occurring at 16 SHOULD be considered a juvenile offense and as such your juvenile record SHOULD be sealed.

Having a "sealed juvenile record" does not mean the the court, district attorney, and law enforcement can't access it, but it NORMALLY means that your "criminal record" will show nothing more than a juvenile arrest.

You don't state how old you are now therefore it's uncertain as to how long ago this event took place. As such, if you were to attempt a lawsuit, you may have two considerations:

1) has the statute of limitations been exceeded; and/or
2) can you file a lawsuit as a juvenile...I don't believe you can!

If you are now an adult....contact an attorney who is familiar with your states law concerning this issue.

Without knowing what state you're from...it's difficult to give you YOUR state definition of a Class 5 Felony. Others states decribe a Class 5 Felony as being an offense with a minimum penalty of up to but no more than 2 years in prison!

Best wishes.

Answer 3

Well I wouldn't say your life is ruined. But you should take some legal action for sure if what your saying about the laws in your state are correct. I would get a lawyer and ask for advise. To sue may not be the ''rational'' thing to do. But I think for sure, legal action needs to take place. Contact your congress if you cant get anyone else to listen, they will be great help! Good Luck!