Legal Question in Criminal Law in Missouri

Re: Criminal Record Available to Public after Probation Ended?

First, you were not a "minor" in the eyes of the criminal justice system because you were at least 17 years old when this theft occurred. (Juvenile delinquency offenses apply when the offender is UNDER 17 years old.) In the eyes of the law, you were an "adult".

Second, in all likelihood, the "suspend imposition of sentence" meant that any jail time would not have to be served unless you did not successfully complete the other terms of probation. It does not mean that your conviction was affected, or that your criminal record would be unknown to the public.

But, you should talk to your probation department so they can explain exactly what the information on your judgment of sentence meant.

Third, if this was your ONLY criminal conviction (misdemeanor or felony), you may be able to expunge (set aside) this single conviction and get back a clean record. We answer a lot of questions here about this process; search in LawGuru�s Michigan Criminal Law section for "expunge" or "expungment" or "set aside a conviction". Also, check out www.co.eaton.mi.us/ecpa/define.htm#expungment for a link to the statutes.

Expungments are decided by the judge who handled your original conviction (or his/her successor). They are a discretionary power given to judges. In Michigan, you can expunge only your first conviction (assuming the crime isn't exempt from expungment), at least 5 years have passed from the last day of probation, and you can't be convicted of another crime since then. (2 convictions = 1 too many.)

There's a technical process to apply for it, and eligibility is very specific. There are several hoops to jump through and some technical qualifications. If you do it yourself and miss them, you won't get the result you want. Talk to an attorney who handles expungments, review your facts and discuss the expungment laws before filing the forms.

The judge never "has to" expunge. He has the "discretion" to do it, or not. Expungment is a grace provision for people who have 1 --- and only 1 --- criminal conviction in their lifetime. Any other misdemeanor or felony conviction (before or after) disqualifies you (the most common reason why requests to set aside conviction are denied).