Legal Question in Criminal Law in Michigan

Felony expunged from Michigan

Hi All,

My fiance was convicted of felony assault with intent to rob while armed in 1997. He was then nineteen and has had no other felony conviction. He believes that he was charged with 2 felonies and will not be able to get this expunged but I believe that it was just 1 and he should be able to get it expunged. The question is can he get it removed and for about how much. He also lives in california now so does that mean he will need to travel back and forth to handle this situation.


Asked on 2/06/09, 12:24 am

4 Answers from Attorneys

Re: Felony expunged from Michigan

Your first step must be to determine whether he has one conviction or two convictions on his record. You should obtain a copy of his record from the court that convicted him. You can read more about requirements for expungements aT:

www.AggressiveCriminalDefense.com

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Answered on 2/06/09, 8:02 am
Timothy Klisz Klisz Law Office, PLLC

Re: Felony expunged from Michigan

Its not what he was charged with, its what he was convicted of that matters. 2 counts of guilty = no expungement. I would be happy to discuss this with you or him. Visit www.kliszlaw.com to continue. Tim Klisz

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Answered on 2/06/09, 8:06 am
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: Felony expunged from Michigan

His Michigan criminal history can be purchased for $10 at www.michigan.gov/msp ... click on the ICHAT link. They take credit cards. I think the results are emailed to you.

He should also order a copy of his driver's license record from Michigan's secretary of state, Calif DMV, etc. Because the felony + ANY other criminal conviction (even a relatively minor misdemeanor like driving on a suspended license) will disqualify him under current Michigan law.

As I noted earlier today in another reply, these laws can and do change. Last year, a bill was filed and debated but not passed, that would have expanded opportunities to set aside convictions ("expungement"). So even if he is not eligible today, that could change in time.

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Answered on 2/06/09, 8:56 am
William Morrison Action Defense Center

Re: Felony expunged from Michigan

Why doesn't your fiance save us all a little time by contacting the court that convicted him and ask it about the number of his convictions. If he has more than one crime on his record (including misdemeanors) he can't seek expungment.

If he does have only one crime, an attorney can get it expunged without his appearance in Michigan.

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Answered on 2/06/09, 8:36 pm


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