Legal Question in Criminal Law in Michigan

You were right ... your lawyer was wrong. The expunction statute (setting aside a conviction) has had a "one and only" criteria to even be eligible to ask to set aside your conviction. A second (or third...) criminal conviction (felony or misdemeanor) disqualifies you. But the bad advice does not give you a right to set aside your second guilty plea -- in part because during the plea the judge would have asked you "Have you been made any (other) promises to get you to plead guilty?" and you would have said 'no' (not "Yes, I was promised that attempted open alcohol would still let me set aside my felony"). I cannot opine on whether you have any recourse against your lawyer, in part because of the likely expiration of a civil statute of limitations. The good news is that the Michigan legislature is again looking at several bills to expand qualifications to set aside convictions: Senate Bill 159 of 2011 is one of several, but seems to be the most expansive and has already been passed by the Senate. Now it's on to the House, and then the Governor. Call your state rep and senator in Lansing (i.e., "lobby!") and tell him/her that you support Senate Bill 159 or the others that expand eligibility to set aside convictions. These bills allow for someone having one or two misdemeanor convictions that do not affect an opportunity to set aside one felony conviction. Multiple felony convictions mean you are still out of luck, tho. If the bill is passed and signed into law, it only opens the door to apply to the court for relief, but the judge still has the final discretionary decision of whether to give you the relief you're asking for. Best of luck.

Call me so we discuss this in greater detail. 810-227-7200