Legal Question in Criminal Law in Michigan

Need help with a Motion to Set Aside Conviction in Grand Rapids, MI. My conviction date was 3/8/13 for Retail Fraud - 3rd Degree. Wondering what the next steps are for me. Have had to issues with the law since the original conviction date.

Asked on 3/19/18, 10:57 am

1 Answer from Attorneys

Jared Austin Austin Legal Services, PLC

First, get a copy of your Michigan criminal history report through IChat located here: Any attorney you consult with will need that. Next will be determining eligibility. The general rule is you can get up to two misdemeanors expunged if those are your only two misdemeanors and you have no felonies, or you can get a felony expunged if it's your only felony and you have no more than two misdemeanors. Not all offense are eligible to be expunged, but retail fraud can be expunged.

The next step will be determining the eligibility date. You must wait five years from either: the date of conviction, the date you successfully completed probation, or the day you were released from incarceration-- whichever occurred last.

You said you have not had any issues with the law since that conviction date, but what about before? Also, what were you sentenced to on the retail fraud?

Feel free to contact my office to discuss this further and how we may assist you in getting this set aside. My direct line is (517) 614-1983.

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Answered on 3/19/18, 12:36 pm

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