QUESTION

How do I get a repealed charge off my criminal record?

Asked on Nov 09th, 2011 on Criminal Law - Michigan
More details to this question:
If there is a repealed charge on my criminal record, how would I go about getting it off my record? It's a misdemeanor, "750.219c" is what's on the court documents.
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6 ANSWERS

Criminal Defense Attorney serving Southfield, MI
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What do you mean by "repealed"?
Answered on Jul 03rd, 2013 at 12:29 AM

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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.
Answered on Nov 28th, 2011 at 4:19 PM

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Appellate Practice Attorney serving Clinton Township, MI at Thomas J. Tomko, Attorney at Law
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I do not understand a repealed charge. Only convictions are on your "record." Charges, dropped charges, or other such things may show as contacts, but they do not show as convictions. A charge is not a conviction, so it is not on your "record." I hope that this was helpful.
Answered on Nov 14th, 2011 at 11:36 AM

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Family Attorney serving Traverse City, MI at Craig W. Elhart, PC
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If the charge was dismissed, you could petition the court for an order to remove your arrest card and fingerprints. If there was a conviction and you otherwise qualify, you could file a motion to expunge the record.
Answered on Nov 11th, 2011 at 9:29 AM

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Michael J. Breczinski
Do you have more than one conviction? If not then try an expungment. Just because a law was repealed does not allow it to be taken off one's record. It is still a valid conviction.
Answered on Nov 11th, 2011 at 7:58 AM

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Steven D. Dunnings
I do not know what you mean by a repealed record, I never heard of such a thing.
Answered on Nov 11th, 2011 at 12:55 AM

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