Legal Question in Criminal Law in Michigan

I'm attempting to have a misdemeanor domestic violence charge expunged from my record in the state of Michigan from 2003. I have a driving without license on person on my record and I am wondering if this will hinder my efforts for expungement as the forms state you can only have one charge on your criminal history. The license issue is on my record as a result of an arrest for the original violation (driving while license suspended) that was plead down to driving without license on person which isn't listed as a misdemeanor on my record. How should I proceed?

Asked on 5/02/10, 4:15 pm

1 Answer from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Under current Michigan law, you do not qualify to set aside your DV conviction because you have another misdemeanor or felony conviction (No Ops). Our law is very clear, ... and very strict regarding eligiblity to seek expunction. (See People v Horne, Michigan Court of Appeals No. 291453, decided 12/22/2009.) The past few years, however, there have been bills filed in the state House to loosen things up a bit and allow eligibility to set aside some convictions when there have been some other convictions -- for example, you could set aside a DV with a prior DWLS/No Ops conviction under both of the last two bills. The trouble for you is that these bills haven't moved very far. So you may want to write to your state Rep and state Senator in Lansing (or any others in Lansing) to tell them that you support bills that would allow for broader eligibility to set aside convictions. Then, keep track of the bills, and if one of them passes, then you might bel able to apply to set this conviction aside.

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Answered on 5/08/10, 11:10 am

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