Can I get two misdemeanors expunged from my record? 10 Answers as of June 09, 2013

In 2008 I was convicted of using an Invalid Handicap Permit (misdemeanor), as well as one Minor is Possession charge (deferred sentence) and one Minor in Possession (misdemeanor) conviction. Is it possible to have the misdemeanors expunged or since there are 2 convictions is this an impossibility?

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Austin Legal Services, PLC
Austin Legal Services, PLC | Jared Austin
You can only have one charge of any kind on your record (including misdemeanors and juvenile adjudications) in order to be eligible for an expungement. If you have two misdemeanors on your record, sorry to say that you are not eligible.
Answer Applies to: Michigan
Replied: 8/24/2011
Jules N. Fiani, Attorney at Law
Jules N. Fiani, Attorney at Law | Jules Fiani
No.
Answer Applies to: Michigan
Replied: 6/9/2013
Lewis & Dickstein, P.L.L.C.
Lewis & Dickstein, P.L.L.C. | Loren Dickstein
You cannot get two misdemeanors expunged. The only thing you can do is hire an attorney to help you with a Motion for Relief from Judgment for one of the misdemeanors and then file a Motion to Set Aside the Conviction (expungement motion) on the second misdemeanor.
Answer Applies to: Michigan
Replied: 8/18/2011
Dunnings Law Firm
Dunnings Law Firm | Steven Dunnings
No.
Answer Applies to: Michigan
Replied: 6/9/2013
Craig W. Elhart, P.C.
Craig W. Elhart, P.C. | Craig Elhart
The statute allows for only one conviction to be expunged. However, since a MIP is a status offense, while still a misdemeanor, some research would have to be done to determine if this might be an exception.
Answer Applies to: Michigan
Replied: 8/18/2011
    Law Offices of Jeffery A. Cojocar, PC
    Law Offices of Jeffery A. Cojocar, PC | Jeffery A. Cojocar
    Not possible since 2 charges.
    Answer Applies to: Michigan
    Replied: 8/18/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    It is possible under the new expungement law that just went into effect. Very difficult hoops to jump, so an attorney is a must. I have never lost one of these.
    Answer Applies to: Michigan
    Replied: 8/18/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    The general answer is no. With two convictions, you cannot get an expungement. However, the deferred sentence in your case resulted in a dismissal. Therefore, you only have one conviction if that one is complete. I would argue that you could get an expungement. Another method of addressing this is to ask the Court to vacate the handicap permit misdemeanor. This is a detailed procedure that is not granted in every Court. However, in certain courts this may be possible. Your case should be reviewed by an attorney familiar with the Court where the conviction took place. I hope that this was helpful.
    Answer Applies to: Michigan
    Replied: 8/17/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    As the law stands it is not likely; but an attorney might be able to do something if he can convince the judge and prosecutor that you deserve a second chance.
    Answer Applies to: Michigan
    Replied: 8/17/2011
    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 a prior conviction; however, it depends on your particular circumstances. Expunging a crime in Michigan is complicated. 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 misdemeanour 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
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