Legal Question in Criminal Law in Michigan

Removing a misdemeanor from your record.

Hello,

I have been told that there is a possibility of having a misdemeanor conviction removed from your record, and I was wondering if this is true, and if so, how to do it.

When young and foolish, I was party to a prank that went too far, and I was charged with malicious annoyance. While nothing was done with malice, or in any threatening way, I did admit to the deed, and was convected and did 6 months of probation. I have never been in any trouble at all since, except maybe a couple of traffic tickets.

I do not like even knowing that this is on a record with my name on it somewhere, so if possible, I would like to erase the record clean.

Is it possible?


Asked on 11/02/06, 5:21 pm

2 Answers from Attorneys

Re: Removing a misdemeanor from your record.

It is indeed possible to ask the court to expunge your record if you have only one criminal conviction. You can phone us at 1 8005766035 if you want to ask us to proceed on your behalf.

www.AggressiveCriminalDefense.com

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Answered on 11/02/06, 5:51 pm
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: Removing a misdemeanor from your record.

This forum gets a LOT of questions about setting aside convictions (aka "expungments"). Search the "Q&A Database" at lawguru.com (in the Michigan criminal law areas) for these terms to see what we've been asked and what we've said.

You'll see that expungments are "one to a customer" ... and are limited to folks who have one and only one criminal conviction (misdemeanor or felony) ... AND at least 5 years have to have gone by since your conviction (sentencing date + probation term expiring).

You should consult with an attorney who handles criminal cases so your paperwork is processed correctly, and a good "pitch" is made to the judge. If you mess up on the paperwork, the petition will not even get to the judge. But once in front of the judge, you have to convince the judge to exercize his/her discretion and give you this extraordinary relief.

Good luck.

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Answered on 11/03/06, 8:49 am


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