Legal Question in Criminal Law in Michigan

Re: Can a case be closed so that when someone does a crimal background check it

You�re really asking whether you can "expunge" your felony conviction. Michigan calls this "setting aside a conviction." (This question is asked a lot here.) Go to www.co.eaton.mi.us/ecpa/define.htm#expungment for a link to the statutes on setting aside a conviction.

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 expungeme only your first conviction (providing the particular crime is not exempt from expungement), five years have passed from the last day of probation, and you haven�t been convicted of another crime since then.

There is a technical process to apply for expungment, and eligibility is very specific. I recommend that you talk to an attorney who can go over your facts and discuss the expungment laws with you, and may be able to help you with the court forms.

If you file for an expungment, go back to the court where you got the felony conviction and get copies of the forms from the court clerk to set aside your conviction. The forms explain the process, which include:

1. fill out the form, sign it under oath to attest that the information you put in it is true and accurate, and attach a certified copy of the record of conviction (available from the court clerk);

2. attest whether you�ve been convicted of an offense other than the one to be set aside, and whether you�ve previously filed an application to set aside this or any other conviction and, if so, the disposition of the application.

3. disclose whether you have any other criminal charge pending against you in any court in the United States or in any other country;

4. file with the State Police a copy of the application + 2 complete sets of finger prints so MSP can report back to the court whether their records verify you only have that one conviction;

5. serve the Attorney General and the county Prosecuting Attorney with a copy of the application;

6. Once the State Police does its investigation, the Court schedules a hearing where the judge decides if you are eligible for expungment, and whether it should be done. The Prosecuting Attorney can oppose expungment even if you're eligible, sometimes due to the nature and facts of the crime.

The judge never �has to� expunge. He has the "discretion" to do it, or not. Expungment is a grace provision for people who have one --- and only one --- criminal conviction in their lifetime. Any other misdemeanor or felony conviction (before or afterward) disqualifies you (the most common reason why a person's request to set aside a conviction is rejected or denied). It may seem harsh that a 12-year old conviction may have to stay on your record, but the legislature set the bar quite high before people are eligible for expungment.

Good luck. Rregardless of the outcome, keep doing what you're doing! You are to be commended for turning your life around!

Re: Can a case be closed so that when someone does a crimal background check it

Neil O'Brien is correct. An expungement is available to you provided that you have not been convicted of any other offense.

The process takes from 3-6 months. An attorney may be helpful in assisting you - especially if you are out of state.

I can be reached @248-680-1133.