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  1. #1
    Join Date
    Feb 2006
    Location
    michigan
    Posts
    2

    Default Setting aside a Conviction

    Hello, I was convicted of a minor felony of larceny within a building back in 1997. (jury trial) At the sentencing the judge told me I cluld come back in 5 years and get it set aside. I failed to do this, and then was convicted of 2 seperate DUI charges in the past 2 years. My question is
    1 Since I had a clean record for the 5 years after the felony conviction, would they consider setting aside the conviction.
    2 Since DUIS were misdemenors, and not violent, criminal charges, could they set aside, or would i be wasting my time?

    Thanks

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

    Default Expungement in Michigan

    If the judge was referencing expungement, under Michigan's expungement statute your new convictions would seemingly prevent you from qualifying. If the judge meant that he would set your conviction aside without the expungement process, then you may still have a shot, but your subsequent record would make that less likely (and I would venture that the prosecutor's office would oppose any such action unless it was part of the original plea agreement.) Do you have access to the lawyer who helped you with the original charge, such that you might be able to figure out what the judge meant?

  3. #3
    Join Date
    Feb 2006
    Location
    michigan
    Posts
    2

    Default Expungement in Michigan

    Thank you for your response.
    I belive he used the words "expungment" however when I went to the court they said Michigan does not "expunge" and I would have to apply for a "Setaside". I contacted my original lawyer, however he was reluctant of the outcome, and told me he could'nt help me.
    The sentence came as result of a jury trial judgment. I was offered a simple misdemenor plea, but feel I am innocent in this case. (Jury thought differently) I was an A-1 and have no other stealing inncidnents, only the 2 DUIs which came more recently.

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