Legal Question in Criminal Law in Michigan

Expungement

I have 2 OUIL and 1 embezzelment under $100. Can I get just one of the crimes expunged? Or more through a different procedure?


Asked on 1/03/06, 4:27 pm

2 Answers from Attorneys
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: Expungement

No expungments for any of the convictions. Sorry.

You can only set aside a conviction if it is the ONLY criminal conviction (felony or misdmeanor), and have to wait at least 5 yrs after you're done with probation/jail. So, if you have 2, 3 or more convictions, you cannot expunge any of them.

We have posted a LOT of answers to earlier questions about expungments. Do a site search on lawguru.com under Michigan criminal law, and the search term can be "expunge" or 'expungement' or "set aside a conviction" (no quote marks). You'll find more info from past answers.

If in doubt, consult a private attorney who handles criminal expungments. Best of luck.

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Answered on 1/03/06, 5:02 pm
William Morrison Action Defense Center

Re: Expungement

You cannot expunge an OUIL even if that is the only offense on your record. No traffic related crimes can be expunged. Since you have more than one crime (of any kind) on your record, none can be expunged.

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Answered on 1/03/06, 10:28 pm


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