Legal Question in Criminal Law in Michigan

Can felonies that are almost 35 years old be expunged ?

Asked on 7/23/13, 10:30 am

1 Answer from Attorneys

Neil O'Brien Eaton County Chief Assistant Prosecuting Attorney

Yes. The conviction must be at least 5 yrs old (which this is, obviously). But -- and this is a BIG "but" -- the felony must be the one and only felony conviction in the person's life. You asked about "felonies" (plural). If there were multiple counts or multiple cases with convictions then none of the counts can be set aside. If there are additional misdemeanor convictions in addition to ONE felony count conviction, it gets a little trickier: there can be up to two additional misdemeanor convictions that qualify as "minor offenses" ... meaning they happened when the defendant was 17, 18, 19 or 20 years old AND carried no more than 90-days possible jail AND carried no more than $1,000 possible fines. So if there's one or two of them + the one felony as the only criminal convictions anywhere, then the one felony can possibly be set aside.

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Answered on 7/23/13, 11:06 am

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