Legal Question in Criminal Law in Michigan

two unnamed misdemeanors as plea bargain for a felony

My son is charged with breaking/entering felony. He is 18 and due to leave for airforce in 30 days. Record is clean up to this. He gave a statement to police, entering open garage and taking engine parts. All were returned, value $1,000 or less. Prosecutor gave a plea bargain. Plead guilty to two unnamed theft related misdemeanors. Otherwise he can take YTA, but can't go into airforce for one year. If he takes two misdemeanors from one incident, can he petition in 5 years to have these expunged if he keeps clean? One attorney says ''no'' because there are two, another says yes because they are from the same incident.


Asked on 12/31/04, 2:28 pm

1 Answer from Attorneys
William Morrison Action Defense Center

Re: two unnamed misdemeanors as plea bargain for a felony

The answer is definitely NO! It doesn't matter that both of the misdemeanors arose from the same incident. If convicted of both, he will be ineligible for expungement. The statute states:

780.621 Application for order setting aside conviction; setting aside of certain convictions prohibited; time and contents of application; submitting application and fingerprints to department of state police; report; application fee; contest of application by attorney general or prosecuting attorney; notice to victim; affidavits and proofs; court order; definitions.

Sec. 1.

(1) Except as provided in subsection (2), a person who is convicted of not more than 1 offense may file an application with the convicting court for the entry of an order setting aside the conviction.

Note: subsection (2) does not apply to your case.

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Answered on 12/31/04, 6:45 pm


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