Legal Question in Criminal Law in Michigan

Who can I contact to look into possibly overturning a conviction? Charged with a felony analog charge and 2 gun misdemeanors. Served 90 days for the misdemeanors and put on 2 years probation for the analog charge. Was a medicinal marijuana caregiver. Call was made to police department to do a welfare check as I was suicidal only to come in hours later with a search warrant.


Asked on 10/22/14, 6:40 am

1 Answer from Attorneys
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

The current laws/rule (MCL 780.621) says that allow for a conviction being set aside would only allow your felony to be set aside if all of the following are true: (i) it's been at least 5 years since your sentencing hearing or since you've been out of jail/prison [whichever it later]; (ii) no other misdemeanor or felony convictions. If you have any prior misdemeanor convictions (which you say that you do) then you are not eligible to set any conviction aside UNLESS you have no more than two "minor offense" misdemeanors; those are defined as occurring before you turned 21, AND the crimes carried maximum punishments of 90 days or less in jail [not how long you got, rather: the statutory max for the crime], AND they carried no more than $1,000 maximum fine.

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Answered on 10/27/14, 11:10 am


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