Legal Question in Criminal Law in Michigan

I was charged with misdemeanor possession of marijuana once when I was 22 and once again when I was 23. I am now 32. I was curious if I could get one or both of these removed or sealed. I now have a family and have been trying to better my job situation. Having these charges on my job application has had a negative effect.


Asked on 5/22/12, 6:45 am

2 Answers from Attorneys
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Under Michigan's current expunction law, you cannot set aside either conviction because (a) you have more than one conviction, and (b) they are not "minor misdemeanors" [meaning that they happened when you were 17-20 yrs old and were 90 day ir less misdemeanors]. Michigan recently amended its expunction law to allow for a conviction to be set aside if you had one or two other convictions, but the "other" conviction(s) had to fit the definition of "minor misdemeanor". Yours don't. So, since you have more than one conviction it does not appear that you are eligible to set aside either conviction based on the facts you gave us.

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Answered on 5/22/12, 7:49 am
Timothy Klisz Klisz Law Office, PLLC

Were either one taken under .7411? That might make a difference if you are really only convicted of one offense. You were certainly eligible for the first offense. Tim Klisz kliszlaw.com

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Answered on 5/22/12, 8:48 am


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