Legal Question in Criminal Law in Michigan
What if an individual has had two felony convictions over ten years ago, can they be removed from thier record?
2 Answers from Attorneys
No. Michigan's statutes controlling a court's authority to set aside a conviction ("expungment") has very strict eligibility criteria. One is that the person can have "one and only one" criminal conviction in their lifetime (felony or misdemeanor ... even misdemeanor traffic convictions count). Another is that you have to wait 5 years after the sentencing date. But here, the person you talk about has "more than one" conviction, so cannot petition to set aside either one (or both). The state legislature has looked at loosening up the criteria in the past few years, but nothing has been passed. If you want the criteria expanded, contact your state rep or state senator in Lansing and express your thoughts.
The theory behind the state law for setting aside a conviction (expungment) is that somehow a worthy defendant comes to his senses after committing a crime to such a degree that he never commits another. These individuals are later forgiven for this one mistake
Actually, this is sound reasoning up to a point. Many young men are so affected by their first experience with the justice system, that they never commit another crime.
However, vigorous prosecution sometimes leads to multiple charges stemming from the same incident - such as two crimes charged for armed robbery, i.e. felony firearm and the robbery itself. One charge cannot exist without the other, yet two crimes appear on the record.
If two convictions which are dependent upon each other arose from the same crime at the same time, it may be possible to convince a prosecutor and a judge to overturn the judgment itself and enter only a single conviction which may then be expunged.
Related Questions & Answers
-
Question Is this a violation of probation? what to do? I have M.S. & epilepsy so... Asked 8/26/10, 8:28 am in United States Michigan Criminal Law
-
Six years ago I was arrested twice & both were misdemeanors. I was never... Asked 8/18/10, 9:22 pm in United States Michigan Criminal Law