Legal Question in Criminal Law in Michigan
Minor In Possession of Alcohol
Nearly 5 years ago I got an MIP for alcohol in East Lansing, MI. My question is how would I go about getting that off my record and can it be done. It was a misdeanor, no previous or further arrests. Thx.
1 Answer from Attorneys
Re: Minor In Possession of Alcohol
We get a lot of questions on lawguru.com about expungements (or "setting aside a conviction"). Check out this recent answer for detailed informaiton (if the URL wraps to 2 lines, you might need to copy the address into the browser's location box): http://www.lawguru.com/cgi/bbs/mesg.cgi?i=193798740
You can also go to www.co.eaton.mi.us/ecpa/define.htm#expungment for a link to the statutes on setting aside a conviction.
One problem with setting aside this conviction is that it is abstracted to the secretary of state and put on your driver's license. That information establishes a basis for charging you with a second offense of MIP, if you do it again. A judge might not set the old one aside until after it could no longer be used as a prior conviction MIP.
If you have questions, consult a layer in private practice who has handled expungments before. As the earlier answer (#193798740) mentions, there are several hoops to jump through and some technical qualifications. If you do it yourself and miss these, you won't get the result you want.
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