Legal Question in Criminal Law in Michigan

record expunging

i have a record of csc 3rd degree and i was wondering if there was a posiablity of expunging this due to the fact that since i've tried to find a new job and have been turned down due to my record. I'm almost done with my bachlors degree and i find that it may have all been a waste of time if this keeps holding me back.


Asked on 11/11/06, 10:19 pm

2 Answers from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: record expunging

I am sorry that another lawyer in Michigan felt it was necessary to give you such a smart-assed reply, with NO useful advice. Some laywers can be arrogant idiots.

As for your question, you should consult an attorney who handles expungments (or motions to set aside convictions). It might also help if you searched the Lawguru.com "Q&A Database" for these terms, because we have answered a lot of questions about this process.

In summary, you can have one and only one criminal conviction (midesemanor or felony), and more than 5 years must have passed since your conviction or when you got off probation or got out of jail/prison ... whichever date is later.

To set aside a conviction, you must have a court hearing. The prosecutor and victim must be notified and can appear and object (altho they do not have veto power). The judge has discretion to grant your request, or not.

One factor the court must consider is the seriousness of the original criminal offense. CSC 3rd is a very serious offense, so most judges will be hard-pressed to grant a motion to set aside a conviction like this. Additionally, the court has to consider the effect that your motion will have on the public policy of having convicted sex offenders register on the Sex Offender Registry.

So, I recommend that you consult with a criminal defense attorney (but maybe not one as smart-assed as the guy who replied to you earlier). There is a strict process that you must follow to get your hearing scheduled, notice sent to the prosecutor and other departments, etc.

PS: I hope that my spelling and syntax did not offend Mr. Kronzak.

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Answered on 11/13/06, 9:32 am

Re: record expunging

It's pretty scary that you're nearly done with an undergraduate degreee and don't know how to write or spell yet.

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Answered on 11/12/06, 10:06 am


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