Legal Question in Criminal Law in Michigan

Can a criminal sexual conduct 4th degree be expunged?

My fiance was convicted of criminal sexual conduct 4th degree. We were told that because it was a misdemeaner that it can be expunged off his record. Is this possible and how do we go about getting this done.


Asked on 8/29/00, 1:46 am

2 Answers from Attorneys
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: Can a criminal sexual conduct 4th degree be expunged?

I don't see how a CSC 4th degree can be "expunged" before the 25-year Sex Offender Registration period expires. If you could do that, there'd be the strange and conflicting situation of having to report where you live to the State Police for 25 years, but the underlying criminal file that caused you to have to report/register as a sex offender may have been eradicated through expungement just a fraction of the way through the registration period. Why register for a conviction that's no longer a conviction?

Check with the court of conviction, since you have to go through it anyway to get an expungment.

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Answered on 10/03/00, 3:59 pm
Sanford Schulman Schulman & Associates, P.C.

Re: Can a criminal sexual conduct 4th degree be expunged?

Yes it can be expunged (set aside) if it has been at least five years from the date of the discharge from probation or parole and this is the only conviction.

This would not, however, remove your name from the sex offenders list.

Sanford A. Schulman 1-800-529-7747

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Answered on 10/04/00, 11:47 am


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