Legal Question in Criminal Law in Michigan
expungement
I was convicted of retail fraud in 2001 i am going to be in nursing school this comming fall but they need to do a criminal background check and i'm afraid that they will kick me out if they find me record. What can I do can get my record taken off? Please help in any way you can I made a mistake and I want to do what is right please help me.
Thank you.
2 Answers from Attorneys
Re: expungement
You cannot expunge a conviction until more than 5 years have passed since you were done with the court (eg, 5 years after probation or jail ended). You have not passed that point yet, so it does not seem like you're eligible until at least next year some time.
Also, if you have ever been convicted of another misdemeanor or felony anywhere, you cannot expunge this or the other conviction(s) ... under current Michigan law.
We hear a lot of "expungment" questions here. Search the lawguru.com message archives for past questions and answers, to read more.
You can also find a little bit about expungments at my office's web site's legal definitions page. Go to www.eatoncounty.org/prosecutor/define.htm and scroll down to "Expungement".
To make sure about when/if you are eligible to petition a court to expunge/set aside your conviction, consult with an attorney in provate practice who handles such matters, because the steps needed to properly petition for an expungment must be followed completely, or you'll lose your chance.
Re: expungement
Before you do anything else, check with the clerk of the court to see if you have an actual conviction. If you pleaded guilty, your plea may have been taken under advisement or taken pursuant to the youthful trainee act - in which case you have no record.
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