Legal Question in Criminal Law in Michigan

Misdimeanrs

I have two dimoneamiors on my recoed and i cant find a job i would like to have my records expunged


Asked on 11/08/08, 1:44 pm

2 Answers from Attorneys

Audra Arndt Audra A. Arndt & Associates, PLLC

Re: Misdimeanrs

You cannot have misdemeanor charges expunged - only felonies. If you were a minor when you were convicted, you may have options, otherwise, you are out of luck. Sorry....

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Answered on 11/08/08, 10:09 pm
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: Misdemeanor expungements

The first answer is slightly wrong. Correct conclusion (that you cannot set aside -- a.k.a. expunge) your convictions. But the reason is wrong.

You cannot expunge either of your convictions because you have TWO criminal convictions and current Michigan law only allows people with ONE AND ONLY ONE conviction to set aside THAT one conviction. If you have two or more convictions (misdemeanors, felonies) you are disqualified.

The first attorney's answer is wrong in this reagrd: the court rules allowing for a conviction to be set aside do not distinguish between misdemeanors or felonies in general. But, the rules do prohibit expungements for violations of the motor vehicle code (most of which are misdemeanors), some CSC felonies, and some other major felonies.

The expungment laws do change over time. It is possible that down the road the rules will change to let you do an expungment if you have multiple misdemeanor convictions. BUT the most important thing for you to do between now and then is to keep your record clean from here on out. No new crimes!

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Answered on 11/09/08, 4:47 pm


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