Legal Question in Criminal Law in Michigan
Felony Removal
I am convicted of attempted CCW and a cocaine possession charge. Both felonies, can they be expunged or sealed?
3 Answers from Attorneys
Re: Felony Removal
No.
Re: Felony Removal
No they can't.
For more information, go to:
www.AggressiveCriminalDefense.com
Re: Felony Removal
The reason why you cannot set aside (expunge) either or both convictions under current Michigan law is that, by statutory definition, a judge's discretionary authority to set aside a conviction requires that that conviction be the person's ONLY felony or misdemeanor conviction every ... anywhere.
The law says that "... a person who is convicted of not more than 1 offense may file an application with the convicting court for the entry of an order setting aside the conviction". Here, you have TWO prior convictions, so you don't qualify for this threshold under current Michigan law.
Related Questions & Answers
-
Mip I got an mip for the first time and a failure to id, I had nothing to drink and... Asked 9/06/08, 10:16 pm in United States Michigan Criminal Law
-
Getting case sealed/ expungement how do i get my case sealed or expunged, i was... Asked 9/05/08, 12:59 pm in United States Michigan Criminal Law
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
