QUESTION

How can I do an expungement?

Asked on Nov 06th, 2011 on Criminal Law - Michigan
More details to this question:
I had a felony C.C.W. about 24 years ago and also a B.N.E. misdemeanor. How can I take this out my record?
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9 ANSWERS

Jacob P. Sartz
My first advice would be to obtain an attorney to assist you with this matter. You may be eligible to expunge that prior conviction. Expunging a crime in Michigan is complicated. This response does not contain specific legal advice. If you need specific legal advice for your own circumstances, I recommend consulting with an attorney experienced with these types of matters. Most attorneys provide free initial consultations. Speaking in general terms, there are several significant obstacles to getting offenses expunged in Michigan. Expunging a criminal charge is great way of clearing up past mistakes. However, there are a series of obstacles. First, a person may expunge only one prior conviction and they can only have "no more than 2 minor offenses in addition to the offense for which the person files an application." MCL 780.621(1). Second, certain offenses cannot be expunged. Traffic offenses for example, even something as simple as driving on a suspended license, a lot of high level or capital felonies, and other offenses as listed in the applicable statutes, cannot be expunged. It depends on which offense is currently on the person's record. Additionally, even if a person only had one offense, if they had issues with probation, i.e., probation violations or other infractions while serving their sentence, that may be obstacle as well. There is also a time limitation. Any effort to expunge an offense cannot commence until five years after the date of conviction. Lastly, expunging an offense from a criminal record takes time, requires a lot of paperwork, carries some notable costs, and eventually, applicants need to appear before a judge and convince the judge that they are worthy of having the offense expunged in order to complete the process. Please consult with and retain a criminal defense attorney, preferably an experienced one who has handled these matters, to assist you with the process. Most attorneys offer a free initial consultation.
Answered on Nov 14th, 2011 at 9:13 AM

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Criminal Defense Attorney serving Southfield, MI
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Your eligibility for expungement depends on how old you were when you were convicted. You may need to get the misdemeanor dismissed so that you then can proceed on a Motion to Set Aside the conviction for CCW.
Answered on Nov 10th, 2011 at 9:46 AM

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Steven D. Dunnings
You can't since you have more than one criminal conviction.
Answered on Nov 09th, 2011 at 1:26 PM

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Michael J. Breczinski
This is going to hinge on whether the misdemeanor carried no more than 90 days and if it occurred before your 21st birthday. If so then you can be helped.
Answered on Nov 09th, 2011 at 8:57 AM

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Family Attorney serving Traverse City, MI at Craig W. Elhart, PC
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The expungement statute requires that there be only one conviction. With two convictions, it is doubtful you could use the expungement statute.
Answered on Nov 09th, 2011 at 8:51 AM

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Keeley D. Heath
In Michigan, you would not be eligible for an expungment because you have more than one prior conviction.
Answered on Nov 09th, 2011 at 8:49 AM

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Criminal Law Attorney serving Grand Rapids, MI at The Law Office of Thomas B. Baynton
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The law in Michigan was recently changed to allow a person to set aside a conviction even if they also have one other misdemeanor for which the maximum punishment was 90 day or less. You must have been under21 years old, I believe, at the time of the conviction of the crime you are seeking to set aside. You should contact an experienced criminal attorney in your area.
Answered on Nov 09th, 2011 at 8:28 AM

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Adoptions Attorney serving Lansing, MI at Austin Legal Services, PLC
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Unfortunately, you are not eligible for an expungement if you have more than one conviction of any kind on your record, including juvenile adjudications and misdemeanors. The only other option is that you could contact the county prosecutors from the counties your convictions are in and ask them to agree to set it aside. That way, you would only have conviction on your record and would be eligible to get the remaining one expunged. The worst they can do is say no and you are no worst off.
Answered on Nov 08th, 2011 at 11:23 PM

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Criminal Defense Attorney serving Troy, MI at Hilf & Hilf PLC
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In Michigan you can apply for an expungement if you have never had an expungement before, and the breaking and entering misdemeanor is classified as a "minor offense". A "minor offense" means a misdemeanor or ordinance violation for which the maximum imprisonment does not exceed 90 days, the possible fine does not exceed $1000, and you were not more than 21 years of age at the time of the offense. The requirements are contained in Michigan compiled law section 780.621. If you meet the requirements for an expungement you should hire an attorney to make sure it is handled the right way, because even if you are eligible for an expungement the Judge still has the discretion to deny the request
Answered on Nov 08th, 2011 at 8:36 PM

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