QUESTION

How do you file to have a felony expunged?

Asked on Feb 09th, 2012 on Criminal Law - Michigan
More details to this question:
How do you file to have a felony expunged? It is for possesion with intent to deliver cocaine.
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6 ANSWERS

Small Businesses Attorney serving Livonia, MI at Klisz Law Office, PLLC
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It's a complex process and you can have no other convictions ever beyond the one.
Answered on Jun 20th, 2013 at 12:43 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. 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.
Answered on Feb 15th, 2012 at 7:02 PM

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Michael J. Breczinski
First you need to have at least 5 years gone by after the sentencing or, if you were incarcerated, after you were released. Second no other criminal convictions or at most 2 misdemenaors that carried no more than 90 days as a maximum punishment that were committed before your 21st birthday. Then you have to petition the court where the felony case was adjudicated. You should be ready to show the judge that you have turned your life around since it is in the judge's discretion if they want to erase your conviction. It is best to get an attorney to help you.
Answered on Feb 13th, 2012 at 8:15 AM

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Appellate Practice Attorney serving Clinton Township, MI at Thomas J. Tomko, Attorney at Law
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Expungement can be done by filing a Petition after 5 years from the date of conviction provided you have no other felony or misdemeanor convictions. Also, the conviction you are looking to expunge cannot be an excluded one. You should hire an attorney to get you through the process after examining your eligibility. I hope that this was helpful.
Answered on Feb 13th, 2012 at 7:20 AM

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DUI & DWI Attorney serving Flint, MI at Shaun R. Marks, P.C.
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First, you have to meet the eligibility requirements to have a felony expunged. That is, you can it not expunge a felony for which the maximum possible penalty is life in prison You also can not expunge a traffic offense. In addition, it must be at least 5 years since the date of offense or released from prison. Further, you must not have had any other criminal convictions of any type. If you meet the qualifications then it would be necessary to obtain a certified copy of the conviction, file a petition In the court where the conviction took place. Then you obtain a set of fingerprints and send a copy of the petition along with the fingerprints to the michigan state police. You also serve a copy of the petition on the prosecutor and the attorney general. Once they have responded and provided the court with the necessary papers you would have a hearing in front of the judge to determine if it is in the public interest you have your conviction set aside.
Answered on Feb 10th, 2012 at 12:53 PM

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Criminal Defense Attorney serving Bloomfield Hills, MI
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The expungement rules have changed but still require a legal analysis of the Petitioner's total criminal record in order to determine eligibility before investing in the time & expenses of applying for same. Also, in this case even if the criminal record is expunged, drug crimes will continue to show up on one's driving records-which expungement does not remove.
Answered on Feb 10th, 2012 at 12:52 PM

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