Legal Question in Criminal Law in Michigan

Federal Law vs State Law on Expungement

Dear Sirs

I have two questions and will be grateful if you could answer them.

1- A bill named Second Chance for Ex-Offenders Act of 2003 (Introduced in House)HR 1434 IH provides that a first time offender will become eligible for expungement at most after one year of community service. My understanding is that, if passed, it will become a Federal Law. Does a Federal Law prevail over a State Law. In other words, a person convicted of a minor crime in the Sate of Michigan has to wait for 5 years to become eligible for expungemnet whereas according to the above bill he can apply much earlier.

2- My nephew got a disorderly conduct by a Michigan District Court two and a half years ago. We want to submit a petition and request that the case be dismissed or the records be concealed. Will the court consider such a petition? If yes, what are the chances for a favorable decision.

I need your views to my questions and I thank you for your comments in anticipation.

Sincerely,


Asked on 4/25/04, 9:54 am

1 Answer from Attorneys
Henry J. Legere, Jr. Law Office of Henry J. Legere, Jr.

Re: Federal Law vs State Law on Expungement

It will depend on the language in the final bill as to whether the law covers state laws as well as federal. Normally, laws such as this one would only cover federal convictions.

It may be possible for your relative to petition the court to reopen his case and then dismiss it. If this is done then the record can be expunged right away and the arrest record returned as well. He should be able to prove that he has remained crime free and have a good reason why his record must be cleared now. He should consult with a lawyer who appears reguarly in front of the sentencing judge , to get a good read on the chance of success. Good luck.

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Answered on 4/25/04, 10:16 am


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