Legal Question in Criminal Law in Michigan

I agreed to a plea bargain over 4 years ago in Michigan to using a computer to commit a crime, MCL 750.145d2c. When I was offered the plea my attorney told me though it requires me to register as a sex offender I will be eligible to apply for expungement in 5 years. Now that i am getting close to the time that I would apply for expungement I start researching how to go about this. During my research I discover this conviction does not allow for expungement. I want to know what and if there is anything I can do. Obviously, having an opportunity to expunge my record was a big part of why I took the plea deal. On a side note, this exclusion from expungement was amended in June of 2011 and my acceptance of the plea bargain was January of 2013.


Asked on 3/08/17, 4:47 pm

1 Answer from Attorneys
Jared Austin Austin Legal Services, PLC

It's going to be difficult. About the only thing I could think of is to see if you could withdraw your plea based on ineffective assistance of counsel. I'd say it's a longshot but it's probably your best if not only option at this point. However, appeals aren't my specialty as I'm a trial lawyer. I would strongly urge you to consult with an experienced criminal appeals attorney to see if anything can be done at this point. Unless you're successful in that or the expungement statute is amended to allow for that conviction to be set aside, you may be stuck absent a governor's pardon. Feel free to contact us for a referral to an appeals lawyer if you'd like. Possibly a civil suit against the attorney for malpractice? I would suggest you speak with an attorney about that as well. Good luck.

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Answered on 3/08/17, 5:47 pm


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