Legal Question in Criminal Law in Michigan

misdmeanor

I was caught driving while my license was suspended and having possesion of marijuna. I have never been in trouble with the law and i was a nurse before this happened i have been sentenced to 1 year of prohbation and i was fired from my employment. Will i be eligible for espongment.


Asked on 9/08/07, 9:39 am

1 Answer from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: misdmeanor

You "have never been in trouble with the law" before ... but your license was suspended???!? That's an oxymoron! The only why your license gets suspended is when you get in trouble with the law (even if it's from an unpaid speeding ticket).

And what does being "a nurse before this happened" have to do with anything (especially when you have marijuana!!)???! Nurses do important work, but your profession is not a Get Out of Jail pass for criminal behavior. This is apparent from your employer's reaction to your conviction. To an extent, you (like people like me: an assistant prosecutor) are held to a HIGHER standard of behavior. People expect more from us. And a controlled substance violation cannot be tolerated with people who have access to so many controlled substances in their workplace.

Unfortunately for you, an expungment (correct spelling) -- which is more properly called "setting aside a conviction" -- is (a) probably not available to you, and (b) is only a help to you down the road.

(A) According to the court rules, you can only set aside your one and only conviction. You have (at least) two misdemeanor convictions: DWLS and Possession of Marijuana. Even if from a single incident, they are still 2 convictions and you can only set aside one, and it must be your only criminal conviction (misdemeanor or felony); civil infractions (like speeding) do not count against you here.

(B) Even if you are eligible based on the number of convictions, you have to wait 5 years after your conviction date, or when your probation or jail ends, before coming back to the same court to seek relief.

I recommend that you consult personally with an attorney who handles motions to set aside convictions, because the elibibilty requirements and steps to take must be followed to a "T".

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Answered on 9/10/07, 8:46 am


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