Legal Question in Criminal Law in Michigan

In the year 1969, I was arrested with another for unlawfully driving away a motor vehicle. The codefendant pleaded guilty to "joy riding", and was fined $100, with no probation. The prosecutor petitioned a Nolle Prosequi on me which the judge signed.

Now my question to you is: Is the Nolle Prosequi a "forever and ever" thing? Now that I am retired I would like to apply for a U.S. passport and travel to foreign countries. Is this "always' going to be there hanging over my head for eternity? Should I petition the court to purge the record after all these years?

Thanks, for your response.


Asked on 1/14/15, 3:34 pm

2 Answers from Attorneys

Jared Austin Austin Legal Services, PLC

Not sure exactly what you are asking. A Nolle Pros means the case was dismissed, therefore, no conviction. If you are asking if the charge and arrest can be erased from your record, that is extremely difficult and rare. You should contact a criminal attorney to see if that option is available to you.

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Answered on 1/14/15, 4:38 pm
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

The prosecutor's motion for nolle prosequi (dismissal) form, and the judge's order, will specify if the dismissial is "without prejudice" or "with prejudice". You'll also see the stated reason why the prosecutor requested the dismissal, which might be insightful. If it is "without prejudice" then the People may be able to refile charges against you. If it is dismissed "with prejudice" then you are home free. So you need to look at the court order. Sometimes a charge is dismissed without prejudice because the prosecutor believed at the time that the case could not be proved beyond a reasonable doubt against you, and the delay would help them gather more evidence. Sometimes the dismissal is based on a trade the prosecutor makes with that defendant or another defendant (ie, "we'll dismiss this if you / a co-defendant pleads to that"), so if the defendant/co-defendant does their part of the plan then the prosecutor has to do its part of the plan.

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Answered on 1/15/15, 11:10 am


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