Legal Question in Criminal Law in Michigan

Re: espunge felony

You have to meet the requirements of the statute and then go in front of the sentencing judge to make a request to set aside the conviction. For greater details and the requirements, go to www.kliszlaw.com and contact me for a free phone consultation on the matter. Tim Klisz

Re: espunge felony

Expungement (or, more accurately, "setting aside a conviction") is governed by statutes and court rules. Read up on it at www.prosecutingattorney.info and then go to the Legal Definitions page, and scroll down to Expungement.

Some crimes cannot be set aside (currently, traffic, some CSCs, etc.).

The basics: you have to wait 5 years after your conviction. This must be your one and only criminal conviction (felony or misdemeanor) any time, anywhere. There are some procedural hoops to follows, too (filing forms, giving notice to the AG and prosecutor, submitting fingerprints, etc.).

If you meet eligibility requirements, the judge has the discretion to grant your request, or not.

If you don't meet eligibility requirements under the current statutes and court rules, you should keep track of any changes that may come down in the future. There have been some bills kicking around in Lansing to open up more opportunities for expungment, but if they don't pass in the next month they will have to start over with the new legislature in January or later.

I recommend that you consult with or hire a lawyer to help you, to make sure you are eligible, to make sure the right supporting documents are filed, and to make the best argument to the court as possible ... because it may be your one and only chance to make such an important request to the court.

Re: espunge felony

There is information on expungements on the web site at:

www.AggressiveCriminalDefense.com