Legal Question in Criminal Law in Michigan

Re: ok...

no, you have to wait 5 years to move to set aside a conviction, it has to be your first and only conviction, and it cannot be for more than 1 count. Visit www.kliszlaw.com to discuss further. Tim Klisz

Re: ok...

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: ok...

No. Michigan law requires at least 5 years from the date of conviction before determining whether you are eliglble for expungement. There are several other factors that you must meet before you are even eligible to apply for expungement in Michigan, so you will have to wait until the 5-year mark before even considering applying.