Legal Question in Criminal Law in Michigan

Re: Past criminal conviction

It sounds like the conviction was sealed b/c you were under 18. We can look into it for you. It is possible we can petition the court to set aside the conviction. This is an expungement, which will totally wipe your record clean. Please call my office to discuss the matter further. Eric I. Kutinsky (248) 737-7000

Re: Past criminal conviction

The general rule is that when the conviction is more than 5 years old (but not certain criminal sexual conduct crimes) and there is no other criminal record of any kind (either before or after the conviction), felonly or misdeameanors, - one can move the court to expunge a single criminal conviction. It sounds like you may be a candidate for expungement. You may contact me direclty to further dicuss the same.

Don Darnell, 734-544-7676

Re: Past criminal conviction

Although another reply has already been posted, I thought I'd add my comments.

First, you can get a copy of your criminal history from the Michigan State Police. Go to their web site (http://www.michigan.gov/msp) ... click on "Freedom of Information Requests" listed on the right side of the page ... then click on "Requesting Criminal history Records" on the LEFT side of the page. Read through the information in the 3 links, particularly the sections re: "Procedure to search criminal history records, by name, without fingerprints" and "Procedure to set aside a conviction" (aka 'expungment').

Because you were 18 at the time, it's possible that your case was handled as an HYTA (Holmes Youthful Traineee Act) procedure, where you were put on probation and the case dismissed at the end. But I'd be surprised if you didn't remember that.

If you do have that one conviction on your record, you might be able to set the conviction aside. You have to be free and clear of the court system (ie, out of jail and off probation) for 5+ years before you can even apply. It looks like that clock started ticking in 1998.

I recommend that you have an attorney help you re: an expungment to make sure it's done right.

You can read up on HYTA and expungments on my office web site:

www.eatoncounty.org/ecpa/define.htm

You can also search in LawGuru.com's Michigan Criminal Law message board for 'expunge' or 'expungement' and see prior replies about the topic.

Good luck.

Re: Past criminal conviction

In which county were you convicted? I suggest that you contact the Court which took your plea and sentenced you to probation. They would be able to search their file using your name, age, and social security number. If you remember your case number it would make it easier for them to find your record. Back in 1995, many counties deferred such cases as yours. Upon successful completion of probation the case was dismissed. You might also have received HYTA status because of your age. In either case, a deferment or HYTA, the record would be non-public and not available to employers. You might also consider contacting the attorney who handled your case in 1995 or your probation officer to see how your case was treated. A single Att FA should not interfere with obtaining a Nursing License. Good luck.