Lewis & Dickstein, P.L.L.C. | Loren Dickstein
You have to wait for 5 years. Michigan Compiled Law (hereinafter referred to as MCL) 780.621 provides that a person may apply to have a conviction set aside if certain conditions are satisfied and if said person has only one prior conviction.An order setting aside a conviction is a privilege and not a right.A court may set aside a conviction if (1) the circumstances and behavior of the applicant since the date of the conviction warrant the requested relief and (2) the setting aside of the conviction is consistent with the public welfare.MCL 780.621(9). The threshold requirement for taking advantage of the expungement act is that the applicant must have been convicted of not more than one offense. People v. McCullough, 221 Mich.App. 253 (1997). The purpose of the act is to expunge the entire criminal record of one-time offenders. Thus, only those persons whose criminal records are blemished by a single conviction for a single crime ... committed on a single occasion meet the threshold requirement and are eligible for expungement. The analysis and consideration a request for an expungement motion should be based solely on the circumstances and behavior of the defendant and not solely upon other factors set forth in the statute.People v. Rosen, 201 Mich.App. 621 (1993).The Michigan Court of Appeals has interpreted the statute as establishing a balancing test between a defendant's circumstances and behavior subsequent to the conviction and the public welfare.People v. Boulding, 160 Mich.App 156 (1986). The expungement statute should be liberally construed in favor of its remedial policy.People v. Van Heck, 252 Mich.App. 207 (2002), People v. Miller, 78 Mich.App. 336, (1977) (statutes that are remedial in nature should be construe[d]liberally for the advancement of the remedy).
Answer Applies to: Michigan