After a person has served his time in federal prison are his fines from municipal and district courts expunged?
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After a person has served his time in federal prison are his fines from municipal and district courts expunged?
My nephew is serving time in federal prison and has fines in both WY and MT. His attorney in MT said that once he has served his sentence his fines in that state will be done away with. Is that based on a federal rule? Does it apply in WY?
Asked on August 27, 2011 Wyoming
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
That sounds quite odd to me. I would contact his attorney in Montana and ask again about this issue. And then double check with another attorney to make sure. Unless it is a law specific to Montana, I do not see how a federal incarceration would wipe out state fines, especially if the federal incarceration has nothing at all to so with the state crimes that he committed. I think that he would be liable for all of the fines in each of the states and that his incarceration merely prolongs his ability to pay them. When you speak with his attorney in Montana ask for the specific statute that he has referred to. Good luck.
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