Legal Question in Criminal Law in Michigan

Re: Misdemeanor marijuana possession charge

We get a lot of questions here about "expungments" (or "setting aside convictions". For all the details, click on "Search Q&A Database" and choose "Michigan" and "Criminal Law" and then search for "expunge" or "set aside conviction".

The short answer to your question is that you are not yet eligible to set aside this conviction. Why? You must have one and only one criminal conviction (misdemeanor or felony) ... but it also has to be MORE than 5 years since your sentence date and/or the date you got out of jail/prison and/or the date you got off probation/parole (whichever is later) before you can try it. THEN you can apply to set aside your one and only conviction.

You have to go to the court where you were convicted and fill out forms; you also have to serve copies of these forms PLUS a set of fingerprints with the Michigan State Police and the county prosecutor. MSP checks your criminal record to make sure you have only this one conviction. the PA's office might still object to the conviction being set aside, even if it's your only one, based on case facts, etc. Also, if this is a victim rights case (drug cases are not), the victim will be notified and the victim may appear and make a statement to the court re: whether the conviction should be set aside.

This process has several hoops. If you miss any, you lose. I recommend that you hire an attorney to represent you to make sure that all the steps are covered. Plus, you'll have someone who can argue to the court why you deserve to have this conviction set aside.