Legal Question in Criminal Law in Michigan

Re: Expungement

This is a frequent question here. I'll copy some info I posted in some previous answers Also, check out www.co.eaton.mi.us/ecpa/define.htm#expungment for a link to the statutes.

Expungments are decided by the judge who handled your original conviction (or his/her successor). They are a discretionary power given to judges. In Michigan, you can expunge only your first conviction (assuming the case's crime isn't exempt from expungement), 5 years must have passed from the last day of probation, and you can't be convicted of another crime since then. (2 convictions = 1 too many.)

There's a technical process to apply for expungment, and eligibility is very specific. There are several hoops to jump through and some technical qualifications. If you do it yourself and miss them, you won't get the result you want. I recommend that you talk to an attorney in private practice who has handled expungments before, to review your facts and discuss the expungment laws with you, and possibly help you with the court forms.

If you file for an expungment, go back to the court where you got the felony conviction and get copies of the forms to set aside your conviction from the court clerk. (Here's a link to a PDF: http://courts.michigan.gov/scao/courtforms/generalcriminal/mc227.pdf of the application.) They explain the process, which include:

1. fill out the form, sign it under oath to attest that the info stated is true and accurate, and attach a certified copy of the record of conviction (available from the court clerk);

2. attest whether you've been convicted of an offense other than the one to be set aside, and whether you've previously filed an application to set aside this or any other conviction and, if so, the disposition of the application.

3. disclose whether you have any other criminal charge pending against you in any court in the United States or in any other country;

4. file with the State Police a copy of the application + 2 complete sets of finger prints so MSP can report back to the court whether their records verify you only have that one conviction;

5. serve the Attorney General AND the county Prosecuting Attorney with a copy of the application;

6. after MSP does its investigation, the Court schedules a hearing where the judge decides if you are eligible for expungment, and whether it should be done. The Prosecutor can oppose expungment even if you're eligible, sometimes due to the nature and facts of the crime.

The judge never "has to" expunge. He has the "discretion" to do it, or not. Expungement is a grace provision for people who have 1 --- and only 1 --- criminal conviction in their lifetime. Any other misdemeanor or felony conviction (before or after) disqualifies you (the most common reason why requests to set aside conviction are denied). It may seem harsh that any conviction may have to stay on your record, but the legislature set the bar quite high before people are eligible for expungment.

Good luck.

Re: Expungement

You have to do that plus get a certified copy of your discharge from probation. Once you get all the required documents please call my office and we can assist you further. Eric I. Kutinsky (248) 737-7000. Best of luck!