Legal Question in Criminal Law in Michigan
License Application Question
If a person received an expungement in another state and
is applying for a professional license in Michigan, how does a person answer the ''Have committed a misdemeanor'' question?
1 Answer from Attorneys
Re: License Application Question
If a conviction has been formally expunged by the court, then the defendant can check the "No" box (ie, "No, I have never been convicted ..."). An expungment sets aside a prior conviction or adjudication. In essence, it UN-convicts the person.
Now, you still have to be careful with applications. Read the questions carefully. They may include language prompting a "Yes" answer, like including "or a conviction that has been set aside ..."
You could also take the moral high ground and answer the original question "Yes", but explain that the conviction was set aside because it was the only time you'd ever been in court, you kept a clean record for 5 or more years afterwards, and the original judge set your conviction aside on the merits of your case. after reviewing your recent history. That covers pretty much everyhting: you aren't playing word games with the application, your history is an open book, you paid your dues, you kept your nose clean, and the system acknowleged your rehabilitation by setting aside your only conviction. So, if the court trusts you, why shouldn't an employer?
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