Legal Question in Criminal Law in Michigan

Expunge

I pled guilty to multiple charges. I have never had any criminal convictions related to any type of robbery or theft. My girlfriend locked me out of my house and took my keys to my apartment. I was attempting to retrieve them from her change-purse where she usually keeps keys. The police was called and arrived at the moment I was getting her change-purse off the kitchen counter to get my keys. I ran into the basement of my apartment complex, not realizing I still had her change purse in my possesion. In the change purse was 13$, which was change left over from money I gave her earlier that day. All this is documented in court transcripts which she testified to but the state took over the case and charged me with Domestic Violence, Un-armed Robbery, and Phone Tapping. I pled guilty under bad advice of a court-appointed attorney to all charges and the prosecution aggreed not to give me prison time. I would like to know if, and how do I go about getting the felony, Un-armed Robbery, which is also my only and first, expunged from my record, and can it be done without a lawyer.


Asked on 3/03/04, 10:09 am

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

Re: Expunge

If you were convicted on more than one crime (for example, two or more criminal counts ... like you described that you were), then you can not expunge or "set aside" any of the convictions.

We get a lot of questions like this at lawguru.com. To see our prior answers, click on the "Search Q&A Database" link, then choose the "Michigan" and "Criminal Law" variables on the list, and type

expungment

or type

expunge

in the search box, and hit Enter. You will see a long list of prior questions and answers that will give more information. But, basically, you can only set aside your "first and only" criminal conviction. If you have any other felony or misdemeanor conviction (even a driving while license suspended conviction, or an A&B), then you should not be allowed to set aside your other conviction(s).

Here, because you were convicted on 3 crimes (Domestic Violence, Unarmed Robbery, and Phone Tapping), you should not be allowed to expunge/set-aside any of the counts.

I recommend that you consult with an attorney in private practice who handles expungments to go over your case facts, just to be sure.

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Answered on 3/03/04, 5:23 pm


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