Legal Question in Criminal Law in Michigan

Setting Aside a Conviction (expungment)

We get many questions about setting aside convictions (aka "expungments"). Search LawGuru’s "Q&A Database" (in Michigan criminal law) for these terms to see past answers.

Expungments are decided by the judge from your original conviction (or successor). It’s a discretionary power for judges. In Michigan, you can expunge only your ONE & ONLY conviction (assuming the crime isn't exempt from expungement). You can’t be convicted of another crime (misdemeanor or felony). 2 convictions = 1 too many.

Also, 5 years must have passed from your conviction date, or the last day of probation/jail/prison, whichever is later.

No traffic related crimes (OWI/OUIL, DWLS) can be expunged.

There's a technical process to apply for expungment. Don’t miss them! I recommend that you talk to an attorney in private practice who handles expungments, to review your facts, discuss expungment laws, and help with court forms.

Go back to the court clerk where you got the conviction. Get the forms to set aside your conviction, inc. SCAO MC 227 (http://courts.michigan.gov/scao/courtforms/generalcriminal/mc227.pdf).

In addition, get:

* a certified copy of the record of conviction (from the court clerk)

* your criminal history from the MSP web site’s (www.michigan.gov/msp) ICHAT service (http://apps.michigan.gov/ICHAT/Home.aspx); it costs about $10

* your driving record from SOS (http://www.michigan.gov/sos ... Driver License & State ID, then RSS Feed ‘Requesting Your Own Driving Record’)

The process:

1. fill out form MC 227, sign it under oath that the info is true & accurate; attach a certified copy of the record of conviction;

2. attest if you've been convicted of any offense OTHER than the one to be set aside, and whether you previously filed to expunge this or any other conviction (& what happened with the application).

3. disclose whether you have other criminal charges pending in any U.S. or foreign court;

4. file with MSP a copy of the application + 2 complete sets of fingerprints; MSP reports to the court whether its records verify you only have that one conviction;

5. serve the A.G. AND the county Prosecuting Attorney with your application;

6. the Court schedules a hearing where the judge decides if you are eligible for expungment, and whether it should be done. The prosecutor and victim must be notified and can appear and object (altho they do not have veto power). Prosecutors can oppose expungment even if you are eligible, sometimes due to the nature and facts of the crime.

The judge never "has to" expunge. He has the discretion to do it, or not. The seriousness of the original criminal offense is important.

Expungement is a grace for people with 1 & only 1 criminal conviction. It may seem harsh that any conviction may have to stay on your record, but the law sets the bar quite high.

For more information about setting aside a conviction, go to www.eatoncounty.org/prosecutor/define.htm#expungment