Legal Question in Criminal Law in Michigan
expungment of criminal record
I was convicted of assualt w/intent to commit murder as a 16yr old juvenile and waived as an adult, I was recently released after serving nearly 19yrs, because I ws a juvenile can I have my record expunged so that I can remove this career obstacle?
2 Answers from Attorneys
Re: expungment of criminal record
No.
Ordinarily, you would follow the typical "adult" procedures to set aside your conviction (aka, "expungement") under MCL 780.621, et seq. But you would also be subject to the same restrictions under those laws.
One fact that disqualifies you from setting aside your conviction is that Assault With Intent to Commit Murder is a "life felony" because the maximum penalty is "life or any term of years". The laws for setting aside a conviction say that you are disqualified from setting aside a felony that carries a penalty of life in prison.
Re: expungment of criminal record
Under the statute, you cannot expunge any conviction that carries a life sentence. Even if allowed, you would have to wait 5 years from the time you were released from prison.
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