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?


Asked on 9/08/08, 5:39 pm

3 Answers from Attorneys

William Morrison Action Defense Center

Re: Felony Removal

No.

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Answered on 9/08/08, 7:51 pm

Re: Felony Removal

No they can't.

For more information, go to:

www.AggressiveCriminalDefense.com

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Answered on 9/08/08, 9:44 pm
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

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.

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Answered on 9/09/08, 8:41 am


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