Legal Question in Criminal Law in Michigan

Espungment

How can I go about espunging something that happen in 1974? am I able to espunge only one felony? or all felonies.


Asked on 10/12/07, 6:55 pm

1 Answer from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: Espungment

First, the word is "expunge". But the actual process in Michigan is called "setting aside a conviction".

Second, you can only set aside a conviction if it is your one and only criminal conviction ... felony or misdemeanor. I'm guessing that you have MORE than one conviction, since you ask if you can set aside "only one felony"? If you have MORE THAN ONE misdemeanor and/or felony, you cannot set aside ANY conviction.

Third, if you have only one prior conviction, you must wait 5 years after you're done with the court system on the case (jail/prison/probation/parole) before going back to the court-of-conviction to seek to set it aside.

Read more
Answered on 10/15/07, 9:00 am


Related Questions & Answers

More Criminal Law questions and answers in Michigan