Legal Question in Criminal Law in Michigan

expungement

State of Michigan. I have a felony on my record that i need off. I have been pulled over for driving with a suspended license as well, which is a misdemeanor. Am i still able to get the felony expunged from my record?


Asked on 10/25/07, 12:15 am

4 Answers from Attorneys

Re: expungement

If you have more than one conviction on your record, you cannot get an expungement.

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Answered on 10/25/07, 8:08 am

Re: expungement

If you have more than one conviction on your record, you cannot get an expungement.

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Answered on 10/25/07, 8:09 am

Re: expungement

If you have more than one conviction on your record, you cannot get an expungement.

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Answered on 10/25/07, 8:09 am
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: expungement

If you have "more than one" criminal conviction (misdmeanor or felony), the laws to set aside a conviction (technically, the term Michigan uses) say you cannot set aside any/either conviction. You can set aside your 'one & only' conviction, and must wait at least 5 years after your conviction AND when you were done with the court (probation, jail, prison).

However, I have seen some judges set aside one conviction when the defendant has another, minor conviction (e.g., DWLS).

There is a process to follow to set aside a conviction. You should consult with (or hire) an attorney who handles this kind of matter.

It'd be a good idea to get copies of your criminal history & driving record before you talk to the lawyer. Get the CCH from MSP (www.michigan.gov/msp) through its on-line "ICHAT" service (http://apps.michigan.gov/ICHAT/Home.aspx); it costs around $10 with a credit card). Get your driving record from the Secretary of State (click on Driver License & State ID link, then look for the link on the right side under RSS Feeds for Requesting Your Own Driving Record).

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Answered on 10/25/07, 8:26 am


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