Legal Question in Criminal Law in Michigan

Expunctions of Records, Retail Fraud

I was arrested and charged with retail fraud (misdemeanor.. it was a $12 pair of earrings) three years ago. I was offered deferred adjudication and upon completing the mandated requirements the complaint was dismissed. I was not convicted.

I am wondering if I am eligible to have the arrest and charge expunged from my records. I was 17 yrs old at the time of arrest and it was my first and only arrest/charge. I have not been arrested/charged with anything else. If I am eligible I would like to know when and how I could proceed with the expunction process.


Asked on 11/16/05, 3:58 am

1 Answer from Attorneys
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: Expunctions of Records, Retail Fraud

If your earlier Retail Fraud case truly was handled as a deferral, and there was no adjudication/conviction, then there is nothing left to "expunge". Expungment (or, setting aside a conviction) is used for old convictions. But you were never convicted, according to what you reported.

To play it safe, you might want to double-check with the court that handled your case to make sure that they did not enter a 'conviction'.

And you could triple-check by getting a copy of your criminal history through the Michigan State Police's "ICHAT" service (go to http://www.michigan.gov/msp and click on the ICHAT icon on the left margin). It costs $10. If it comes up negative, then you're clean ... if it shows your RF as a conviction, then you'd have to go through the expungment process (assuming that it was 5+ years old, and you have not had any other criminal conviction anywhere).

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Answered on 11/16/05, 8:23 am


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