QUESTION
How can I get a misdemeanor theft off my record?
Asked on Jun 25th, 2013 on Criminal Law - Michigan
More details to this question:
I am a 49 year old female. Three years ago I was in a store and went through the checkout. When I got outside, I took my coat out of the cart and something that was on the coat flew out and into my cart. I was going to bring it back but someone saw it and I was arrested. I tried to explain but they didn't believe me. My husband said it was because they deal with this every day and they don't believe anyone. I was embarrassed and just paid the fine just to get out of court. I had a job for 18 years and they closed the facility and moved to Memphis. Now I am looking for another job and am having a hard time when they do a background check. This is the only thing on my record. Is there anyway to close the record or have it expunged in the state?
9 ANSWERS
Michael J. Breczinski
In Michigan you have to wait 5 years to try to get something expunged and it can be your only conviction.
Answered on Jun 27th, 2013 at 1:09 PM
California's expungement law is Penal Code Section 1203.4. This permits someone convicted of a crime to file a Petition for Dismissal with the court to re-open the case, set aside the plea, and dismisses the case. P.C. 1203.4 applies in any case in which probation was granted, whether misdemeanor, wobbler, or felony. If probation expires, the defendant may be able to have the criminal conviction expunged, if all other criteria are met. The other criteria are set forth in the statute itself: the person seeking expungement must determine that the petitioner is not (a) serving a sentence of any offense, (b) on probation for any offense, or (c) charged with the commission of any offense. If the requirements are met for eligibility, a court may grant the petition if it finds that it would be in the interest of justice to do so. A successful expungement will not erase the criminal record, but rather the finding of guilt will be changed to a dismissal. The petitioner then can answer honestly and legally a question about their criminal history, with some exceptions, that they have not been convicted of that crime. What is actually stated on a record is that the case was dismissed after conviction. It never erases the record, and still states one was charged and convicted along with how much time was served. The expungement is reversed if the petitioner is convicted of the same crime again.
Answered on Jun 25th, 2013 at 9:37 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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There are ways, in Michigan, although you may be early.
Answered on Jun 25th, 2013 at 9:36 PM
Geoffrey MacLaren Yaryan
If you successfully completed probation you can have the conviction expunged.
Answered on Jun 25th, 2013 at 5:17 PM
No, convictions for shoplifting do not qualify for expungement. This will remain on your criminal record.
Answered on Jun 25th, 2013 at 2:47 PM
You seek to have it expunged in the original jurisdiction. Hire counsel there to assist you.
Answered on Jun 25th, 2013 at 2:44 PM
Thomas Edward Gates
You can get the expungement form from the court clerk.
Answered on Jun 25th, 2013 at 2:27 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Only way you can do it is to file a motion before the judge who sentenced you. It is then up to the judge.
Answered on Jun 25th, 2013 at 12:06 PM
Divorce Attorney serving Bloomfield Hills, MI
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Catchick Law, P.C.
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If this is your only criminal conviction, you can file what is known as an "Application for Order Setting Aside Conviction" in the Court where you were convicted. Please note you must wait at least 5 years from the date you were sentenced or released from jail (if you were jailed) before you can file the application.
Answered on Jun 25th, 2013 at 11:39 AM