Legal Question in Criminal Law in Michigan

Re: felony

If you search the Michigan criminal law Q&A database here at lawguru.com you'll see a lot of Q's and A's about setting aside convictions (aka, expungment). Browse through them.

You can also read the statute at www.michiganlegislature.org. Search for MCL 780.621.

Two primary qualifying rules apply that serve to DIS-qualify the person from expungment:

1) you have to wait at least 5 years after your sentence date or 5 years after completing any term of imprisonment for that conviction, whichever occurs later. The reason for the waiting period is to give a court a reasonable timeframe to see if the applicant has changed his ways. 18 months is too short to tell.

2. The conviction you're seeking to set aside must be your one and only criminal conviction (misdemeanor or felony) ... ever ... anywhere (Michigan or another state). It doesn't matter if the 2nd conviction is relatively minor (e.g., No Operator's License in Possession). ANY other conviction disqualifies you from expungment.

Expungment is a grace, not a right. A judge has the discretion to do it (if you are otherwise eligible), but does not have to. Some judges are more forgiving than others. Also, the prosecutor and crime victim have a right to be notified of the request, and can voice their position in the matter at the court hearing on your petition.

I recommend that you hire an attorney who has handled expungments before for help. There is a technical to-do list before your court hearing, and the lawyer may make a better argument in the hearing than you can.

Re: felony

No - see the other answers.

Re: felony

A year and a half from what?

Re: felony

No.