Legal Question in Criminal Law in Michigan

Expungment

In 1978 I was convicted of B&E. I was sentenced to 2 years probation which I completed. In 1980 or 81 I was convicted of Receiving Stolen Property which I was sentenced to 2 years probation which I served. In 1996 while in Georgia I received 2 DUI convictions. Both of them were processed as 1st offences because I was convicted on the second charge before I was convicted on the first charge. My question is. Can my record in either state be expunged?


Asked on 12/31/01, 8:41 pm

2 Answers from Attorneys
Nancy Moore Nancy L. Moore, Esq.

Re: Expungment

In Michigan, you are eligible for an expungement if you have only one conviction (providing the particular crime is not exempt from expungement) and five years must have passed from the last day of probation. Alcohol offenses are in the exempt category.

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Answered on 1/01/02, 3:46 pm
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: Expungment

You cannot expunge your Michigan conviction because, any way you look at it, you have another conviction on your record (1978 B&E, 1980 R&C, plus the OUILs).

Expungment is a grace provision for people who have one --- and only one --- criminal conviction in their lifetime. Any other misdemeanor or felony conviction (before or afterward) will disqualify you.

Read the Michigan expungment statutes at http://michiganlegislature.org/law/GetObject.asp?objName=Act-213-of-1965 --- which are MCL 780.621 through 780.624.

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Answered on 1/03/02, 9:29 am


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