Legal Question in Criminal Law in Michigan

Hello. My case is a bit confusing so I am hoping someone can understand and help answer some questions I have.

In November 2005 I was arrested for aggravated stalking and put on probation. I can't remember if it was a misdemeanor or felony but I know I was told I have a PPO against me and let go. Then on December 2005 I was arrested and spend about 90 days in jail and on my court hearing I was let go on time served. On my record it shows they charged me with two felony charges for November and December but at the hearing they had one of the felonies dropped to minor misdemeanor. Does that mean I have one felony and one minor misdemeanor on my record?

Could this be expunged? I asked a lawyer who only looked at my background for less than a minute and told me it shows two felonit's but one was dropped to minor misdemeanor. What does that even mean? Does that mean I have two felonies even though one of them was dropped to minor misdemeanor on the hearing day?


Asked on 7/26/16, 6:27 pm

2 Answers from Attorneys
Jared Austin Austin Legal Services, PLC

What matters for purposes of expungement is what you were convicted of, not charged with. They recently amended the expungement statute that you can get a felony expunged provided it's your only felony and you have no more than two misdemeanors or you can get two misdemeanors expunged if you have no other misdemeanors or felonies. There is a new provision regarding stalking convictions that in some circumstances a stalking conviction cannot be expunged.

Now these are just general rules. Not every conviction can be expunged. There is also a five year waiting period. The clock ticks from the day you were discharged from probation or parole or released from incarceration, whichever occurred last.

I or any other lawyer will need a copy of your criminal history to tell you for certain if you are eligible. You can instantly get a copy of your Michigan IChat available online for $10.00. If you have a copy I would be happy to take a look at it for you and discuss your expungement eligibility. If eligible, we can tell you what needs to be done next and how we can help. Feel free to contact me via email at [email protected] or by phone at (517) 614-1983.

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Answered on 7/26/16, 7:11 pm

I agree with Mr. Austin. Your next step is to get a copy of your criminal record and discuss it with an attorney that has experience in expungement cases.

You can read more at: www.AggressiveCriminalDefense.com

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Answered on 7/26/16, 8:02 pm


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