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  1. #1
    Join Date
    Aug 2010
    Posts
    4

    Default Setting Aside More Than One Conviction

    My question involves criminal records for the state of: Michigan

    Okay, so my husband was convicted of 2 felony counts for possession of analogs in 2003. He was given a sentence of 30 days in jail, 3 years probation and several hundred hours of community service. This was his first and only trouble with the law EVER and was for possession of steroids. On the sentence paper given to him by the judge, a box was checked stating that he was being sent for "probation with 7411 consideration concerning counts 1 & 2". He was also told by the judge that he would entertain the idea of expunging his record after 5 years. Long story short, they were trying to make an example out of him but I'm not going to go into that. Anyways, it's been seven years, he completed probation in 2006 and was given a paper stating that he had completed all of his probation duties. He has since been married, had a family, completed his BA and is currently working on his MBA. He continues to volunteer on a weekly basis and has basically turned his entire life around. He probably wouldn't even care about setting aside his convictions except for that he feels like it holds him back from being able to do everything he wishes he could in the community. So anyways, he filled out all of the paperwork to set aside his conviction and of course gets letters from the attorney general and state police and everyone else he had to notify stating that he can't get it because it is more than one conviction. My question is, Is it possible to get more than one conviction set aside even thought the law says it isn't? Why would the judge entertain the setting aside of his record if it wasn't? And what is the difference between 7411 consideration and what he ended up getting? Doesn't seem like he got a 7411 since the felonies are currently on his record. What could he have done to not have been considered for the 7411? Sorry for all the questions...

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Setting Aside More Than One Conviction

    My question is, Is it possible to get more than one conviction set aside even thought the law says it isn't?
    No. The law allows for one to be set aside. No one gets special dispensation.

  3. #3
    Join Date
    Jul 2010
    Posts
    3

    Default Re: Setting Aside More Than One Conviction

    With 7411, he is NOT convicted (thus no convictions on record whatsoever) upon pursuant to successful probationary terms. He should go back to court and obtain records of sentencing & dismissal. He needs to find out whether he did receive 7411 and if he did, then why was it rejected.

    Now if court records indeed show 7411, subsequent successful probation & dismissal of charge then you need to speak with MI criminal justice department to correct the error. Make sure you have clerk make copies of these records.

    If court paperwork show that he didn't successfully complete his probationary terms (pay ALL fines, COMPLETE ALL community service, stay out of trouble, etc.) then he cannot set aside his convictions since he has 2 convictions. You can only file this motion if you have 1 conviction on record.

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