Expungements and Pardons

**sunshine2867** · 03-07-2006, 06:21 PM

Sunshine 2867 here again,I would also like to know?I was working on my Registered Nursing Liscense in 2001,when I was charged with (1)750.110A2-Home Invasion-1st Degree.I was released from probation October 17,2005.Do you feel I will be able to have this expunged,and if so;will the department of Liscensing in Lansing,be able to hold this against me after expungement,if I am able to have this expunged?I am in Michigan.Also what does a Pardon consist of?I was never jailed for this crime.Probation,community service,anger management classes,parenting classes were all part of my sentencing.Whats your opinion???

**Mr. Knowitall** · 03-14-2006, 05:31 AM

You may wish to apply for expungement if that is your only conviction, but you must wait five years following the completion of your sentence in order to be eligible.

**sunshine2867** · 03-14-2006, 04:32 PM

Forgive me for sounding stupid;But,are you saying that I have to wait 5 years after my probation ends.Or 5 years after sentensing?

**Mr. Knowitall** · 03-15-2006, 03:25 AM

Five years after you complete your sentence - jail, prison, probation, whatever.

**free@last** · 03-15-2006, 03:27 PM

This is taken from MCL-780-621:

3) An application shall not be filed until at least 5 years following imposition of the sentence for the
conviction that the applicant seeks to set aside or 5 years following completion of any term of imprisonment
for that conviction, whichever occurs later.

I don't see where it says you have to wait 5 years after serving your probation. It seems either 5 years after sentencing or 5 years after any term of 'imprisonment,' whichever occurs later. If there was no imprisonment, couldn't one apply for an expungement immediately?

**aaron** · 03-16-2006, 02:45 AM

You're right that eligibility woudl (normally) come five years after sentencing if you are not sentenced to incarceration. At the same time, it is wise to do some investigation of the sentencing judge (or that judge's successor) and local court practice before hurrying into court on the first day of eligibility. You can reasonably anticipate that some judges won't deem the minimum time period a sufficient timeframe to gauge rehabilitation, or may want a particularly compelling reason to grant an expungement that quickly.