Legal Question in Criminal Law in Michigan

Can I petition the court for expungement of a lone felony conviction, if I also have several misdemeanor convictions also


Asked on 9/23/09, 2:12 pm

3 Answers from Attorneys

William Morrison Action Defense Center

No. You are eligible for expungment if you have only one crime of any kind on your record.

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Answered on 9/28/09, 2:30 pm

For information about expungment, go to: www.AggressiveCriminalDefense.com

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Answered on 9/28/09, 2:52 pm
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Keep your eye on a pending bill n the Michigan Legislature -- 2009 HB 4405. This bill, if passed, may loosen up the very strict requirements to make someone elligible to set aside a previous conviction. Contact your state legislator to support this bill or others of its kind.

As of today, Michigan allows you to set aside (expunge) your "one and only" crriminal conviction. Felonies and misdemeanors are criminal convictions. I have seen many cases where folks have a felony and also have seeminly minor convictions like driving on a suspended license, trespassing, possessing fireworks, etc., and the 'other' conviction(s) make them ineligible to set aside ANY of the convictions.

That may seem harsh. But expunction is a grace ... not a right. The Legislature has to grant the courts the power to use that grace. Right now, the power is very limited. Courts cannot expand on the statute (MCL 780.621) or use its equitable powers to do what it thinks is "right" if the person is plainly ineligible to seek expunction.

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Answered on 9/28/09, 2:55 pm


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