Can I get my felonies expunged if one got dismissed? 7 Answers as of August 24, 2011

I have two felony charges one I was arrested for Assault in Detroit, Michigan on November 3rd 1992 and sentenced on January 27th 1993 and the database indicate that the charges were dismissed, but it also indicates that I was found guilty. And no sentencing is listed. And the second time I was arrested for another Assault with bodily harm in Oak Park DPS, Michigan on December 03rd 1995 and sentenced on December 04 1996 at 6th circuit court in Pontiac, Michigan I plead no contest to the charges and I was sentenced two years probation which I completed on December 1998. Is it possible for me to get an expungement because it has been so long and I want to get a good job, I keep going on interviews and things go great, but there is that record that make employer’s second guess.

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Austin Legal Services, PLC
Austin Legal Services, PLC | Jared Austin
You can only have one conviction of any kind on your record in order to be eligible for an expungement. I'm confused as to how you do not know if the first charge was dismissed or you were found guilty. Did you plead guilty or no contest or were you ever found guilty by a judge or jury? Check with the judge's office and the court where the charges occurred to find out what happened with that case because that may effect your eligibility for an expungement.
Answer Applies to: Michigan
Replied: 8/24/2011
Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
My first advice would be to obtain an attorney to assist you with this matter. You may be eligible to expunge that prior conviction. Expunging a crime in Michigan is complicated. This response does not contain specific legal advice. If you need specific legal advice for your own circumstances, I recommend consulting with an attorney experienced with these types of matters. Most attorneys provide free initial consultations. Speaking in general terms, there are several significant obstacles to getting offenses expunged in Michigan. Expunging a criminal charge is great way of clearing up past mistakes. However, there are a series of obstacles. First, an applicant must only have one, single, count or charge, whether it's a misdemeanor or felony. If a person has more than one conviction on their record, whether it was multiple counts from the original case, or separate convictions, they are not eligible. Second, certain offenses cannot be expunged. Traffic offenses for example, even something as simple as driving on a suspended license, a lot of high level or capital felonies, and other offenses as listed in the applicable statutes, cannot be expunged. It depends on which offense is currently on the person's record. Additionally, even if a person only had one offense, if they had issues with probation, i.e., probation violations or other infractions while serving their sentence, that may be obstacle as well. There is also a time limitation. Any effort to expunge an offense cannot commence until five years after the date of conviction. Lastly, expunging an offense from a criminal record takes time, requires a lot of paperwork, carries some notable costs, and eventually, applicants need to appear before a judge and convince the judge that they are worthy of having the offense expunged in order to complete the process. Please consult with and retain a criminal defense attorney, preferably an experienced one who has handled these matters, to assist you with the process. Most attorneys offer a free initial consultation.
Answer Applies to: Michigan
Replied: 8/17/2011
Thomas J. Tomko Attorney At law
Thomas J. Tomko Attorney At law | Thomas J. Tomko
Were the first A&B Charges dismissed in your Detroit case? Or, does it just list it as dismissed? If they were actually dismissed, then you could be eligible for an expungement in the second case.
Answer Applies to: Michigan
Replied: 8/9/2011
Lewis & Dickstein, P.L.L.C.
Lewis & Dickstein, P.L.L.C. | Loren Dickstein
The answer is maybe. I would need to know more about the earlier case. If it was dismissed because it was taken under HYTA, diversion or under advisement, you probably are eligible for an expugment. You need to contact a criminal defense lawyer and have him or her look up the prior case and figure out why it was dismissed. If the records are just in error, the error will be discovered before the expugement motion is granted.
Answer Applies to: Michigan
Replied: 8/9/2011
Craig W. Elhart, P.C.
Craig W. Elhart, P.C. | Craig Elhart
If there are two separate charges and convictions on your record, the statute does not allow you to get an expungement. To make a better determination, it would be necessary to review your criminal history.
Answer Applies to: Michigan
Replied: 8/9/2011
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