Am I eligible for a misdemeanor charge to be removed from record?
Asked on May 17th, 2016 on Criminal Law - Michigan
More details to this question:
April 2002, I was convicted of a receiving and concealing stolen property >$200 (actual amount $40). Two months later, I was convicted of a reckless driving and received 6 month suspended license. I was given a paper to carry while driving until the SOS sent me my suspension letter. I did not receive the letter, so I did not know it was suspended. I was naive in thinking it just took a while for it to be processed. I was on my way to a cc class when I was stopped for going 7mph over the speed limit (downhill). This is when I learned the suspension was in effect. I received a ticket for the DOSL and 6 month suspension. I've no issues/tickets since. During this time, I earned 2 association degrees and on the dean's list every semester. I wanted to be a domestic violence family advocate so I pursued/received my BSW (with high honors). I was accepted into a top ranked MSW program with advanced standing. I found out I can't work within my field because of the R&C. I did not continue my master’s program because of this. I already had $30,000 in student loans for degrees that are basically worthless (& still paying on). I was able to teach preschool for a while, but when the new laws excluded anyone with my charge from teaching, I had to resign. I have applied for, but have had great difficulty in receiving any offers of employment. Waitressing is not cutting it. I have 2 young sons I need to provide for. I have paid thousands in attorney fees. The last straw came this week when I was told I may not qualify for a new term life insurance policy because of my "excessive criminal history". The driving charges can't be removed. Does the (new) removal/expunge amendment from June 2015 allow me to petition for the R&C to be removed? The amendment allows removal for those that have certain felonies with 2 misdemeanors. But you can only have 2 misdemeanors (no felony) to get 1 removed. How can felony charge have a better chance at this option? I can't believe how a $40 bad decision has destroy me.
I think you maybe eligible. You can remove up to two misdemeanors and one Felony. The driving one is excluded, but the r/c should be. 5 years from release from probation.
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