Can we get a record expungement? 4 Answers as of May 23, 2011

My husband has an attempted arson on his record, it is classified as a felony. It stemmed from his ex-wife showed up at his door with just the clothes on her back, he purchased new everything for her since she never worked much of anywhere, shortly after she left again. He stored and moved a dresser with the items he had bought her for many many months, then having to move again he decided to burn the items from her and his own that he wasn't taking with. She stopped by the next day and demanded her stuff back. she then pressed charges when she was told they were burned. She claimed the dresser was antique from family when it was actually from a thrift store. He has kept his nose clean for over 5 years. And she will not be in his life ever again. He says he also has misdomeaners but he isn't sure how many he has , they are from years prior. One was dropped because she { ex-wife} called 911 to report domestic abuse however when police arrived it was discovered she had covered her face in make up to appear as bruises. All he would like is to be able to hunt again. I have known his ex-wife since grade school and she is a piece of work. He is a decent man who just got mixed up with relentless trash. Is there anything possible that could help him.

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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. Your husband 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: 5/23/2011
Austin Legal Services, PLC
Austin Legal Services, PLC | Jared Austin
If he has more than one conviction of any type on his record (felonies or misdemeanors) then no, he is not eligible for an expungement. To be eligible you can only have one conviction on your record.
Answer Applies to: Michigan
Replied: 4/28/2011
Thomas J. Tomko Attorney At law
Thomas J. Tomko Attorney At law | Thomas J. Tomko
Thank you for your inquiry. Expungement is available after 5 years and provided that there are no other prior convictions for any misdemeanor or felony. You describe multiple prior offenses when considering both misdemeanors and felonies. Therefore, expunement in Michigan is not possible.
Answer Applies to: Michigan
Replied: 4/27/2011
Law Offices of Marshall Tauber
Law Offices of Marshall Tauber | Marshall Tauber
Sorry but current Michigan Law only allows expungement to people with one & only one conviction-felony or misdemeanor there's a proposal to change that but it has not passed both houses of the legislature yet.
Answer Applies to: Michigan
Replied: 4/27/2011
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