Legal Question in Criminal Law in Michigan

Re: restoring rights?

In my opinion, you are not eligible to have either conviction expunged. Of course, this is just my opinion. You should consult an attorney who is familiar with Michigan's expungment laws, and the procedural hoops you must jump through to get your request before the court(s) in which you were convicted.

MCL 780.621(1) allows expungement ("setting aside a conviction") for "a person who is convicted of not more than 1 offense". According to your limited information, you have been convicted of MORE than one offense. Therefore, you should not be able to set aside either conviction. MCL 780.621 - 780.624 cover all the procedures. You can access them at http://michiganlegislature.org/law/.

The process includes filing a form available at the court clerk's office to set aside the conviction, which you must sign under oath to attest that the information you put in it is true and accurate. You must attach a certified copy of the record of conviction (available from the court clerk). You must attest whether you have been convicted of an offense other than the one sought to be set aside as a result of this application, and whether you have previously filed an application to set aside this or any other conviction and, if so, the disposition of the application. You must disclose whether the applicant has any other criminal charge pending against him or her in any court in the United States or in any other country. Then, you file with the State Police a copy of the application + 2 complete sets of finger prints so MSP can report back to the court whether their records verify you only have that one conviction. You also serve the Attorney General and the county Prosecuting Attorney with a copy of the application. Once the State Police does its investigation, the Court will schedule a hearing where the judge will decide on the merits of your petition (i.e., if you are eligible for expungment, and whether in the judge's discretion it should be done). The Prosecuting Attorney might oppose expungment, even if you're eligible, sometimes due to the nature and facts of the crime.

Again, in my opinion, 2 convictions means that neither conviction can be set aside. It only happens for people convicted of one crime in their life ... and they've been good for at least 5 years following the sentence, or 5 years following the end of their incarceration, whichever occurs later.