QUESTION

What is literal larceny from a building under $100 and can I get that expunged from my record?

Asked on Jul 11th, 2012 on Expungements - Michigan
More details to this question:
I am applying for a MI Teaching Certificate. The question was asked, "Have you ever been convicted of (or pleaded no contest to) a misdemeanor or felony?" When I was 17, I tried to take a baseball batting glove from a Kmart. I am 44 now. The report I recently saw said that I was charged with the misdemeanor "literal larceny from a building under $100." I seemed to remember the judge reducing the sentence, but don't seem to notice that on the report. Is there something to look for to indicate that? Also, I understand that I may be able to have the charge expunged. I researched it briefly and it appears that I may be able to. How involved is that? What would it take for a lawyer to do that on my behalf (fees and such)?
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11 ANSWERS

If you have only one prior conviction (felony or misdemeanor), an experienced attorney can petition the court to have the conviction expunged from your record. It's worth the cost to have representation sot that the matter is handled correctly it will pay for itself very quickly if you are able to get a job. Good luck!
Answered on Sep 11th, 2012 at 4:13 PM

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You are eligible for an expungement in Michigan so long as it has been 5 years since the date of your sentence, and you have only one criminal offense on your record (in this case only one conviction for larceny that occurred at least 5 years ago). Once expunged, you can honestly say that you have never been convicted of a crime (misdemeanor or felony) and no longer have to worry about background checks and qualifying for certificates. They are well worth it.
Answered on Aug 10th, 2012 at 5:23 PM

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If this is your only criminal conviction (don't forget traffic misd count too) you should be eligible to have conviction expunged but if it happened when you were a minor and was handled by juvenile court records may be expunged or sealed.? depending on the court and local practices I would expect an expengement like this to cost between $500 - $2000 depending on the number of appearances and other variables.
Answered on Aug 10th, 2012 at 5:23 PM

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Who cares? Just get your record expunged. If that was the ONLY thing in 27 years you should nave NO problem getting a simple larceny charge removed. It'll cost you approximately $500 to $750 to hire an attorney.
Answered on Aug 10th, 2012 at 5:22 PM

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Bankruptcy Law Attorney serving Huntington Woods, MI at Austin Hirschhorn, P.C.
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I am unable to find any crime listed in the Michigan Statutes called "literal larceny from a building under $100" but in reading your explanation it sounds as though you were charged with "larceny from a building under $100" which was a misdemeanor at the time. You should look at Michigan Compiled Laws 780.621 which deals with motions to set aside convictions which provides that if there is only 1 conviction on your record and more than 5 years have elapsed since the conviction you may be eligible to have that conviction set aside. An application to set aside the conviction must be filed on the form provided by the Supreme Court Administrative Office. The forms involved in the process are MC227 and MC228 and they can be downloaded from the Supreme Court Administrative Office web site along with the instructions to complete the forms. The instructions are self explanatory and indicate that you may be able to do what is needed without an attorney but also suggest that if the process is too complex for you to handle by yourself you may need the services of an attorney to process this for you.
Answered on Aug 10th, 2012 at 5:21 PM

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Insurance Defense Attorney serving Jackson, MI at Dungan, Lady & Dunga, PLLC
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If that is the only criminal conviction you have ever had (with some rare excetions), you are eligible for expungement. I'm not picking on your use of terminology, but you say you were "charged," but were you convicted? Even if you plead to it, there a quite a few first offender programs where young people with the their first offense complete a probationary period, and then the charge is dismissed. I am not sure what you mean by the "report" you are referring to. First thing, look yourself up on ICHAT on the Michigan State Police website, you can run your criminal history for $10.00. You can also go the court where your case was, check out the court file, get a Register of Actions, see if in fact you were convicted. If there is a conviction, and it is your only one, you should be able to get it expunged or set aside. Costs and fees will vary from county to county and lawyer to lawyer. You may need a lawyer to review your report, ICHAT print out, and the court file to determine if anything needs to be done for you, and if so, how to proceed.
Answered on Aug 10th, 2012 at 5:20 PM

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Appellate Practice Attorney serving Bloomfield Hills, MI at Law Office of William L. Spern
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In Michigan, you can expunge one felony or misdemeanor form your record. Go the local circuit court in the count in which you live and ask for a packet for expunging a record. The packet explains the step[s and cost that you MUST take and make to have a single crime expunged. If you have two or more, you CANNOT expunge your criminal record.
Answered on Aug 09th, 2012 at 8:32 PM

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Small Businesses Attorney serving Livonia, MI at Klisz Law Office, PLLC
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Yes, if that conviction is on your record (it should not be if you had a lawyer back then) it can be expunged if that is your only crime ever.
Answered on Aug 09th, 2012 at 8:31 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Be forewarned, you cannot lie on your applications without being subject to immediate discharge, or revocation of your certification. Therefore, the only way in which you take care of the matter is to delay your application until the record is expunged, or hire an attorney to determine, without revealing your identity, if this under the current rules will disqualify you from receiving a teacher's certification.
Answered on Aug 09th, 2012 at 1:04 PM

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Leonard A. Kaanta
Under Michigan law, you would qualify for an expungement, there is no set attorney fee.
Answered on Aug 09th, 2012 at 1:04 PM

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Litigation Attorney serving Westland, MI at Clos, Russell & Wirth, P.C.
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That charge was what we now call retail fraud third degree, commonly know as shop lifting. It typically is only a misdemeanor offense. It can be expunged, as long as you have no other criminal convictions. If you have even one other criminal conviction, you cannot obtain an expungement. As for the process, it involves filing the appropriate request with the convicting court, notifying the prosecuting attorney, state attorney general, obtaining fingerprinting from the MSP, applying for a criminal history check to verify no other convictions anywhere (local, state or federal) as well as appearing in court to obtain the expungement. The prosecutor or the attorney general could object.
Answered on Aug 09th, 2012 at 12:52 PM

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