Legal Question in Criminal Law in Michigan
I have two misdemeanors in 2004 and a felony in 2004. The felony is after the two misdemeanors. I haven't even gotten as much as a traffic violation since the felony, and went to court today to get the felony set aside. I have an associates and bachelors degree and can't obtain employment in my field of study due to the felony. I was told by the prosecutor that I can hire an attorney to challenge the two misdemeanors and then have the felony expunged. The attorney general of Michigan opposed my motion to set aside the felony. At the time of my conviction, my attorney told me that I could get the femony off in 5 years granted that I turned my life around and stayed out of trouble. Can I get the misdemeanors off by hiring a lawyer to challenge them? Is there anything that I can do?
1 Answer from Attorneys
Michigan's current law (which has been the same for many years) does not allow any conviction to be set aside if the person has "more than one conviction" (misdemeanor or felony). Your felony attorney may have told you what he/she did before you got the misdemeanor convictions, or may not have known about those extra convictions ... or the attorney was just plain wrong. It doesn't change your legal status: you are ineligible to set aside the felony or even any of the misdemeanors unless the Legislature changes the law for setting aside convictions. The Legislature has been looking into this the past 4 years but bills sit and sit and sit without action being taken. So talk to your state Rep and Senator in Lansing as a constituent about amending this law to expand opportunities for expunction. Now, the APA's advice about "going back to challenge the misdemeanors" is a definite up-hill battle because few prosecutors will play this game of dismissing cases years after you were convicted just to clear the path for you to be eligible to apply to set aside your felony. Honestly, the real solution is for the legislature to change the law and allow a felony to be set aside even if the person has up to 2 misdemeanors (which was part of one of those bills that sat and sat and sat...).
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