Legal Question in Criminal Law in Michigan

Re: Retail Fraud

You have to wait a LOT longer than 6 months to get a criminal conviction expunged.

MCL 780.621(1) allows expungement ("setting aside a conviction") for "a person who is convicted of not more than 1 offense". You said that you have only been convicted of 1 offense in your life, so you should eventually be able to set aside your conviction. MCL 780.621 - 780.624 cover all the procedures. You can access them at www.michiganlegislature.org/law/.

MCL 780.621(3) says that you can�t even apply to have your conviction set aside until the expiration of 5 years following your sentencing date OR 5 years after finishing any term of imprisonment for that conviction, whichever occurs later. So, you have to wait at least 4-1/2 more years before you can apply for an expungment.

This shoplifting conviction has to be the only criminal conviction in your life up until the time the judge considers your application for an expungment. If you had a previous conviction, or picked up another conviction between now and the time you see the judge to expunge last year's case, then you�d have "more than 1 offense" on your record, and you could not get any conviction set aside. It's a one-time-only thing, and it has to be the only conviction in your life.

When you�re eligible to file (timewise), 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. 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 you have any other criminal charge pending against you in any court in the USA or in any other country. 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. Serve the Attorney General and the county Prosecuting Attorney with a copy of the application. Once MSP does its investigation, the court will schedule a hearing where the judge will decide on the merits of your petition. The Prosecuting Attorney might oppose expungment, even if you're eligible, sometimes due to the nature and facts of the crime.

Ultimately, the judge has no obligation to set your conviction aside. It is a totally discretionary call ... assuming you have waited 5 years and it's the only conviction.

Until then, you'll have to live with your criminal conviction ... but that's all part of the price you pay for being a shoplifter. My advice is to be up-front with your employer. Tell him before a background check "exposes" you, which suggests that you've been hiding the truth.