Can I Expunge My Felony

[Jonp989]

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

[cyjeff]

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.

[Jonp989]

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

[Mr. Knowitall]

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.

[Jonp989]

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?