Legal Question in Criminal Law in Michigan

Re: Can a felony conviction be expunged ?

Your one conviction can be expunged if it has been more than 5 years since the last day of incarceration or probation and you have no other misdemeanor/felony convictions. It's a somewhat techinical process to convince a judge to enter an order in this regard and you should have counsel. You may also petition to have your fingerprint card returned.

If your case was in Washtenaw, Wayne or Jackson Counties I would be pleased to work with you in this regard. Typically, my fee is $1000.00 for this service.

Don Darnell

734/544-7676

Re: Can a felony conviction be expunged ?

If this retail fraud case is your only criminal conviction, you may be eligible for an expungement. Also, you can only apply if it has been five years since your last contact with the court. In other words, if you were placed on probation, it must be five years since your probation ended - not five years from entry of the conviction. Contact an attorney to assist you in filing the proper paperwork. I would be happy to help you, if you so choose (734)591-3737.

Re: Can a felony conviction be expunged ?

You may have this conviction expunged in accordance with the statute as follows: (If you have any other convictions - even a misdemeanor, this wont apply).

712A.18e Application for entry of order setting aside adjudication; filing; contents; submitting copy of application and fingerprints; comparing fingerprints; report; fee; serving copy of application on attorney general and prosecuting attorney; contesting application; notice to victim; definitions; hearing; affidavits; proofs; entry of order; setting aside adjudication as privilege and conditional; violation of � 750.413; effect of entering order; sending copy of order to arresting agency and department of state police; nonpublic record of order and record; availability of nonpublic record; fee; exemption from disclosure; divulging, using, or publishing information as misdemeanor.

An attorney can assist you in this.

Re: Can a felony conviction be expunged ?

Previously sent you the statute for a juvenile conviction. If you were convicted of the retail fraud as an adult, the applicable statute is:

780.621 Application for order setting aside conviction; setting aside of certain convictions prohibited; time and contents of application; submitting application and fingerprints to department of state police; report; application fee; contest of application by attorney general or prosecuting attorney; notice to victim; affidavits and proofs; court order; definitions.

Re: Can a felony conviction be expunged ?

Pursuant to Michigan Law you may be able to have it expunged from your record. There are a few conditions though. Is this your only conviction? Has it been over 5 years since conviction? Remember that it is a privilege and not a right to have you record expunged. You need to contact me so we can take care of this. Don't delay...The faster you call the faster it will be gone. (800) LAW-6685

Re: Can a felony conviction be expunged ?

You can read the expungment statutes on the internet. Go to www.michiganlegislature.org/law/advancedsearchform.asp

and then go down to the "Public Act Number" fields and type in "213" in the first box (w/o the quote marks) and "1965" in the second, and hit Search. This takes you to links to Public Act 213 of 1965, which are the Expungment statutes (MCL 780.621 - 780.624).

You don't HAVE to have an attorney represent you, but it may help to do so, since expungment requires you to jump through several hoops before you're eligible. Expungment is a once-in-a-lifetime thing. If you handle it yourself, you might miss a hoop or two and blow your chance.