Legal Question in Criminal Law in Michigan
set aside a conviction
I have a non violent felony thats over 30 years old and in the process of applying for a ''set aside a conviction''. I would like to know, can I set up my hearing in the city I live in now or do I have to have the hearing in the city I was convicted.
2 Answers from Attorneys
Re: set aside a conviction
You must file it in the court where the conviction happened (and, actually, in front of the judge who handled it ... or his/her successor, or successor's successor, etc.).
Re: set aside a conviction
The petition to set aside your conviction must be filed in the same court that convicted you.
An attorney can file the petition and appear in that court in your place if you now live too far away.
I have successfully had convictions set aside for out of state petitioners who did not have to appear in Michigan.
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