Michigan  |  Criminal Law

Legal Question

Asked on: 9/16/13, 4:28 pm

What law is or if you commit a felony for the first time you can get it taken off your record.

1 Answer

Answered on: 9/17/13, 5:14 am by Neil O'Brien

It is called "setting aside a conviction." It is also sometimes called an expungment or expunction. To qualify, this conviction must be at least 5 years old, and it must be your own and only misdemeanor or felony conviction (or, you can have up to two additional misdemeanors from when you were 17-20 yrs old that carried no more than 90 days possible jail and $1,000 possible fine). You have to follow a strict process including filing a form with the court where you were convicted, serving both the prosecutor and state police and attorney general, and providing the state police with copies of your fingerprints so a criminal history check can be performed. Remember, even traffic misdemeanors like driving on a suspended license will count against you, and I have seen many people not qualify because of such a conviction. (DWLS is a 93-day misdemeanor so it is not an excusable "minor offense" prior.) I urge you to consult with an attorney in private practice who handles these hearings to make sure that the your eligibility has been fully researched, the right documents are filed, hoops jumped through, and best argument made in the eventual court hearing.

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Eaton County Chief Assistant Prosecuting Attorney 1045 Independence Blvd Charlotte, MI 48813

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