Legal Question in Criminal Law in Michigan

Can a criminal sexual conduct 4th degree be expunged if youve gotten in any other trouble even if it has nothing to do with the charge and is something new?


Asked on 4/17/12, 2:25 am

1 Answer from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

CSC 4ths are not on the "you can never set aside" list, so it's possible. But you don't explain the "other new trouble that has nothing to do with this" stuff. You have to advise the judge about EVERYTHING -- past and present, closed and pending. If you have pending charges, the judge might want to wait to see what happens with the new matters to see if your character warrants setting aside a criminal conviction (especially something like a CSC). Also, you still have to remain qualified by the setting-aside statute, so there cannot be any other felony convictions, and cannot have anything else criminal other than up to two "minor misdemeanor" convictions (committed between your 17th and 21st birthday, and no more serious than being 90-day misdemeanors ... not 93-day or 1-yr misdemeanors). You should consult face-to-face with an attorney in your area who handles these motions so your situation can be reviewed in depth and the best possible presentation made to the judge if you are eligible,

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Answered on 4/17/12, 5:54 am


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