Legal Question in Criminal Law in Michigan

My daughter was convicted for third degree retail fraud in 2007 when she was 18 (she stole an $8.00 item). She is 21 now, working toward a major in criminal justice and is trying to get an internship with a district level judge. Because of her conviction she does not qualify for the internship. Is this something that a lawyer can get cleared from her record and if so, how much can she expect to pay for this service?


Asked on 9/02/10, 5:52 am

1 Answer from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

First, it's too bad that back in '07 she (or her attorney) did not try to petition for a sentence using the Holmes Youthful Trainee Act, which could have let the court dismiss the case after she successfully completed probation. Second, she probably has to wait until more than 5 years goes by since her sentencing date and then petition the same court to set aside her conviction (i.e., expungement). She is ineligible to do this until that 5 yr anniversary, and is also ineligible if she has any other misdemeanor or felony conviction anywhere (even driving offenses like DWLS, No Operator's License in Possession, etc.). Civil infractions (like speeding) don't count against her. Juvenile delinquency adjudications also don't disqualify her but may tip the scales against her when the judge on her Retail Fraud exercises his discretion in setting aside her conviction. Third, your daughter really should consult with an attorney in private practice about this because the attorney may be able to make a better "pitch" to the court in the hearing, and will make sure that all the procedural hoops have been jumped through. Fourth, someone (you, your daughter, the attorney) should order her full driving record from the Secretary of State (there is a fee) as well as her Michigan criminal conviction history (go to www.michigan.gov/msp and click on the I-CHAT link and follow the instructions; it'll cost $10 with a credit card). Having these two records will speed up the attorney's assessment of her situation and help narrow down her options. Fifth, as far as the internship, judges know that people are not perfect, and maybe your daughter can convince the judge about how her time "in the system" was a life-changing personal experience.

Read more
Answered on 9/07/10, 12:47 pm


Related Questions & Answers

More Criminal Law questions and answers in Michigan