Legal Question in Criminal Law in Michigan

felony expunged x2?

I was convicted on 2 counts of uttering and publishing over 5 years ago sentenced together. Would I still be able to get them expunged if they were sentenced together?


Asked on 4/06/09, 8:33 pm

3 Answers from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: felony expunged x2?

No, not if the judge follows the law as it is written in plain English.

MCL 780.621(1) says that a person who does not have "more than one conviction" may petition to set that one-and-only conviction aside (if it's not a motor vehicle coe crime, or a life felony, or a major drug crime). You have MORE than one conviction (two), so you should not be able to set either aside under current Michigan law.

Laws do change, though. And there's a bill currently in our state legislature that could open the door wider. Until it passes and is signed into law, the particulars of the law will be unknown. But, you might want to contact your state rep and state senator to give your thoughts about this.

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Answered on 4/07/09, 8:54 am
Jack Jaffe Legal Center of Jack L. Jaffe

Re: felony expunged x2?

no. The statute does not provide for the expungement

of more than 1 conviction.

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Answered on 4/06/09, 8:47 pm
James Schmier Law Office of James G. Schmier, PLLC

Re: felony expunged x2?

Under the statute, no. A long shot, depending on the facts and whether you were represented by an attorney, you may be able to get one of the convictions set aside which would make you eligible. But again, a long shot. Contact my office if you need help with this at 248.705.3742.

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Answered on 4/06/09, 10:19 pm


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