Legal Question in Criminal Law in Michigan

Expungement Question

I was convicted of a high court misdemeanor in Oct. of 2003, I am hoping to get an expungement in 2 years. In 2000 I was given a ticket for driving with a suspended license. I had to see the local magistrate and had to pay a fine. I was unaware that my license was suspended at the time and immediately paid the late fee on a speeding ticket that had caused my license to become suspended. My question is, does this count as an offense? I wasn't arrested and was never informed if it was a misdemeanor or anything like that, I'm wondering if this will keep me from getting an expungement for my high court misdemeanor because Michigan law says you can't expunge a conviction if you have more than one offense. Please help.

Thank you,

Scott Newell


Asked on 10/02/06, 8:53 pm

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

Re: Expungement Question

Technically, you are correct: you now have two criminal convictions, which should prevent you from being able to set aside the high court misdemeanor conviction.

However, some judges overlook convictions like DWLS when deciding whether you merit an expungment.

I recommend that you talk to a criminal defense attorney in your area who handles expungments. That attorney may know the circuit court judge you'll have to see about the high court misdemeanor expungment, and may know his/her past decisions on these motions.

Also, you mentioned that you were convicted 3 years ago. But you cannot apply for an expungment until more than 5 years have passed since you were off probation or otherwise no longer under the court's jurisdiction .. not simply 5 years after the sentencing (unless the judge sentenced you to simply "fine and costs" and you were done).

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Answered on 10/03/06, 8:26 am


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