Legal Question in Criminal Law in Michigan

Expungement Court Process

I pled guilty to a Misdemeanor Retail Fraud (my only one conviction) on 11/1993. I have no other conviction and it has been over 10 years, therefore I am qualify to have my record expunged. I have completed the MC227 ''Application to Set Aside Conviction'' and follow all directions on that form. After completion of the form and its direction, I was given a hearing date.

When I am at the hearing, what is required of me for the Judge to approve my request? Am I required to do anything else before or after the hearing? Suppose the Judge does not approve this case, will I be able to reapply?


Asked on 1/28/04, 7:16 pm

1 Answer from Attorneys
William Morrison Action Defense Center

Re: Expungement Court Process

The hearing is not complicated. The prosecutor should be there. Speak to him/her before the hearing to see if there is any objection to your expungement. There should be none - but if there is, be ready to respond to the objection. Dress neatly, be polite, and address the judge as "Your honor". Pay attention, and when your case is called, go up to the speaker's stand and tell the judge your name and ask that your motion be granted. The judge will likely ask you a few questions about your present situation. It will all be over in just a few minutes.

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Answered on 1/28/04, 11:00 pm


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