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  1. #1
    Join Date
    Nov 2010
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    3

    Default Can I Expunge My Felony

    My question involves criminal records for the state of: Michigan

    I am 3 months removed from meeting the 5 year requirement. I have only one adult conviction, 1st Degree Home Evasion, and want to remove it or set it aside so I can finally start providing for my family. I have done plenty of research online but there is nothing pertaining to my case.I cant find any information about removing a felony if you have one Adult conviction (the felony I want to remove) and one juvenile adjunction (assault and battery when I was 12). If anybody knows the answer I would be greatly appreciated. The local law offices wont talk to me until my complete five years is up. It is my understanding that juvenile adjunction's fall off in the state of Michigan but I am not sure.

    Thanks
    JON

  2. #2
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Can I Expunge My Felony

    It is all right here.

    This is the part that should worry you...

    Conditions for Applying

    A person may apply to have a conviction set aside for any crime except: 1) a conviction of a felony or an attempted felony punishable by life imprisonment; 2) a violation or attempted violation of criminal sexual conduct under MCL 750.520c, MCL 750.520d, or MCL 750.520g; or 3) a traffic offense. A person who has had more than one conviction for any offense cannot apply. A person may have only one conviction set aside.

  3. #3
    Join Date
    Nov 2010
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    3

    Default Re: Can I Expunge My Felony

    Quote Quoting cyjeff
    View Post
    It is all right here.

    This is the part that should worry you...



    Ok so it dont matter that the one was a juvenile? I thought the records of juveniles fall off

    thanks for your response

  4. #4
    Join Date
    Sep 2005
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    98,846

    Default Re: Can I Expunge My Felony

    It's not my impression that a juvenile adjudication would be disqualifying. An adjudication in juvenile court is different from a criminal conviction.

    Please note that the statute has a five year minimum waiting period for a petition for expungement, but there's no guarantee that a court in its exercise of discretion will grant the petition - but that's something you can discuss with your lawyer when you're preparing to file and forming strategy.

  5. #5
    Join Date
    Nov 2010
    Posts
    3

    Default Re: Can I Expunge My Felony

    Quote Quoting Mr. Knowitall
    View Post
    It's not my impression that a juvenile adjudication would be disqualifying. An adjudication in juvenile court is different from a criminal conviction.

    Please note that the statute has a five year minimum waiting period for a petition for expungement, but there's no guarantee that a court in its exercise of discretion will grant the petition - but that's something you can discuss with your lawyer when you're preparing to file and forming strategy.
    Thank you for the encouraging response.

    I have been told that this process is a privilege and not a right. That is what is most nerve racking about the process.

    I would also like to note that I have a Criminal History Check from the Michigan Sate Police Post that does not show the Juvenile adjunction. Does that mean it fell off? Or can the prosecutors still have access?

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