Legal Question in Criminal Law in Michigan

Expungment

Can a second degree sexual misconduct conviction be expunged from my record? That is the only offense that I have on my record. I was 19 at the time of conviction and this happened in 1994.


Asked on 11/13/02, 1:51 am

1 Answer from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: Expungment

You might be able to get this conviction set aside (expunged), if it your ONLY criminal conviction (misdemeanor or felony) and you have been off probation and out of jail for over 5 years.

We get a lot of questions on lawguru.com about expungements (or "setting aside a conviction"). Check out this recent answer for detailed informaiton (if the URL wraps to 2 lines, you might need to copy the address into the browser's location box): http://www.lawguru.com/cgi/bbs/mesg.cgi?i=193798740

You can also go to www.co.eaton.mi.us/ecpa/define.htm#expungment for a link to the statutes on setting aside a conviction.

If you have questions, consult a layer in private practice who has handled expungments before. As the earlier answer (#193798740) mentions, there are several hoops to jump through and some technical qualifications. If you do it yourself and miss these, you won't get the result you want.

One issue that your lawyer (and the judge) will have to address is whether you CAN expunge a sex-offender conviction ... and the impact of expunging a conviction that otherwise would require you to remain a registered sex offender for 25 years.

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Answered on 11/18/02, 4:14 pm


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