Results 1 to 6 of 6
  1. #1
    Join Date
    Jan 2006
    Posts
    38,867

    Default Setting Aside a Conviction in Michigan

    My question involves criminal records for the state of: Michigan

    MCL 780.621 Setting aside a criminal conviction

    http://www.legislature.mi.gov/(S(fhy...me=mcl-780-621

    First, am I correct in assuming this is Michigan's version of expungement of a record?

    are there any other processes available for expungement of a record?

    In the application to set aside a conviction, it requires that a certified copy of the judgment of sentence, probation order, or register of actions be included. Would that be available at the court clerks office where the situation was dealt with?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Setting Aside a Conviction in Michigan

    That's the post-conviction statute. There are other ways to get expungement (e.g., HYTA, MCL 333.7411, domestic violence deferral) before a conviction is entered.

    Yes, you should be able to get the documentation you need from the court clerk.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Setting Aside a Conviction in Michigan

    thanks K. Yes, it is a previous conviction that is being dealt with.

    I wish I knew more when this happened. It is a DV situation and the gal was kind of ignorant of anything regarding the applicable laws. I see now that per MCL 769.4a she had a fantastic shot at getting a deferral. Not that I think she really needs to save this expungement allowance for some future minor crime (she is not a person that gets into trouble. It was simply a bad time and a bad situation for her and truthfully, she possibly could have gotten an acquittal if she fought it but she simply plead guilty at arraignment) but rather than having had to wait 5 years, she could have had it taken care of long ago.

    Oh well, it's water under the bridge now.

    If you (or especially Aaron) know of anything that would be better than just applying for the 780.621 action, please feel free to comment.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Setting Aside a Conviction in Michigan

    does anybody know how long this process typically takes?

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Setting Aside a Conviction in Michigan

    The process is summarized here. The biggest potential for delay would typically be the wait for a report from the Michigan State Police; additional delay might result if the prosecutor or AG's office decides to actively oppose the petition.
    Quote Quoting Preparing for the Hearing
    The court will schedule the hearing date for you when you file the application. The hearing cannot be held until the court receives the Michigan State Police report required by MCL 780.621(5). Because it can often take a bit of time for the report to be prepared, it will not be uncommon for the court to schedule the hearing to be held on a date several months after you file the application. On the hearing date, any of the following may happen:
    1. The prosecuting official and/or a representative from the Attorney General's Office may attend the hearing to contest the application. In that case, the court will hear what each has to say before making its decision.


    2. If neither the prosecuting official nor the attorney general attend the hearing to contest the application, the court will make its decision based on the report from the Michigan State Police and the court's own records.


    3. If the charge for which you were convicted was an assaultive crime or a serious misdemeanor, and the victim of that crime attends the hearing and/or provides an oral or a written statement, the court will consider that statement before making its decision.


    4. If you do not appear, the case will be dismissed.
    When you go to court for the hearing, take with you your copy of the application and a copy of the record of your conviction.
    I've only seen a few hearings on applications for expungement, and each time the judge has been insistent that the applicant describe a need for the relief requested. As the grant is in the discretion of the court, the ease or difficulty of obtaining relief can be affected by the judge and county practices.

  6. #6
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Setting Aside a Conviction in Michigan

    OK. that helps/


    a new question.

    the person this is for has married since the conviction. What would be the proper method for listing the defendant where required and what name to use to sign the application and other documents.

    edit dammit:

    I was the victim of the crime. Is there anything I can do to better her chances of winning this thing? Can I write a letter of support or attend the hearing, maybe even as a witness?

    edited edit:

    ignore that last part. I see it right in the post above.

    1. Sponsored Links
       

Similar Threads

  1. Post-Conviction Relief: Setting Aside a Conviction in Arizona
    By JohnAZ927 in forum Criminal Procedure
    Replies: 3
    Last Post: 04-18-2011, 08:37 AM
  2. Criminal Records: Setting Aside More Than One Conviction
    By BethieBoo in forum Criminal Records
    Replies: 2
    Last Post: 08-05-2010, 11:35 PM
  3. Post-Conviction Relief: Setting Aside a Conviction Based on Changed Testimony
    By Nfo in forum Criminal Procedure
    Replies: 2
    Last Post: 05-25-2009, 12:35 PM
  4. Setting aside a juvenile conviction in Ohio
    By earlybird in forum Juvenile Law
    Replies: 1
    Last Post: 08-09-2006, 11:04 AM
  5. Expungement and Sealing: Setting aside a Conviction
    By joe44 in forum Criminal Records
    Replies: 2
    Last Post: 02-07-2006, 02:19 PM
 
 
Sponsored Links

Legal Help, Information and Resources