Legal Question in Criminal Law in Michigan
Felony Expunge
How does a person get a felony expunged after it has been 7 yrs since the date of the sentance. I can't afford legal counsel but I am interested in getting some jobs that require no past criminal record. I have had a few minor assault charges non-felony a few years ago but I am trying to start over in my life as a responsible adult. Please help me with this question. Thank you in advance for your help.
1 Answer from Attorneys
Re: Felony Expunge
In Michigan the statute allows an expungement of a singlr conviction after the passage of 5 years from the completion of the period of incarceration/probation/parole. It would appear based upon your post that you are not eligible to avail yourself of this remedy. You might be successful if you are able to get the misdemeanors removed from your record. You would need to petition the court to reopen your case, allow you to withdraw your plea, and have the prosecutor dismiss the charges. If this is accomplished then you would only have the one felony on your record and then you may proceed to have it expunged. It is possible to do this without the assistance of an attorney but highly doubtful that the court and the prosecutor will do so if you are unrepresented. Depending on the County you reside in there might be a legal aid available to you. You should contact the local bar association and ask for assistance.
Henry J. Legere, Jr.
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