Legal Question in Criminal Law in Michigan

MIP - 1st Offense Taken Under Advisement

In Nov 1998 I pled guilty to a minor of possession of alcohol in

Washtenaw County. I was told that the charge would be removed from

my record in one year (when I turned 21) if I wasn't charged with any

other criminal record.

With a job I recently started, the charge appeared on my background

check. Because I stated in my application that I've never been convicted

of a criminal charge (as I thought that it was removed) I am now in

jeopardy of loosing my job.

I am getting the charge expunged as the 5 year lockout period is ending

this month. But what documentation can I provide to my superiors

stating that my charges were taken under advisement. Also, what sort

of legal information can I show that MIPs (if only one conviction) are

normally taken under advisement and removed from your record.

Basically I need to convince my superiors that I didn't lie on my

application and I sincerely made a mistake. They think I I lied to hide

this charge. What legal information can I dig up???


Asked on 11/02/03, 12:06 am

1 Answer from Attorneys
William Morrison Action Defense Center

Re: MIP - 1st Offense Taken Under Advisement

In order to receive an expungement, you will have to provide a record of the court proceedings. The same record should reveal that the charge was taken under advisement, i.e. a conviction was never entered. If this is the case, then the record can be shown to your employer.

If an error was made and the conviction entered, the court, upon your application, should correct the record - making an expungement unnecessary.

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Answered on 11/02/03, 9:28 pm


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