How can I get a felony off my record in Michigan? 5 Answers as of June 10, 2011

How can I get a felony off my record if I have stayed clean and did everything I had to do? It was a drug possession conviction.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Thomas J. Tomko Attorney At law
Thomas J. Tomko Attorney At law | Thomas J. Tomko
In Michigan, an expungement is available for non-excluded offenses after 5 years. There can only be the one offense on your record, and no other misdemeanors or felonies. A petition needs to be filed with the Court where the conviction occurred. Your record has to be run for the Court in the manner proscribed by statute. Contact my office for an appointment should you need assistance in this matter. We can then discuss fees and the procedure. I hope that this was helpful.
Answer Applies to: Michigan
Replied: 6/10/2011
Craig W. Elhart, P.C.
Craig W. Elhart, P.C. | Craig Elhart
After 5 years from the date of conviction, you could file a motion with the court where the conviction occurred seeking an order of expungement. It would be up to the discretion of the court whether or not to grant the motion.
Answer Applies to: Michigan
Replied: 6/10/2011
Austin Legal Services, PLC
Austin Legal Services, PLC | Jared Austin
As long as five years have passed since either the conviction or your release from prison and if you have no other convictions of any kind on your record, you can apply to have it set aside. Seek out an attorney that does expungements or else do a google search to find how to do it on your own. It's mainly a lot of a paperwork and applications.
Answer Applies to: Michigan
Replied: 6/10/2011
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: 6/10/2011
Michael Breczinski
Michael Breczinski | Michael Breczinski
Is it the only conviction that you have ever had? That includes misdemeanors and suspended license charges. If you have had any other convictions then you are not eligible. You have to file a petition with the court where you got the conviction and ask the judge to expunge the conviction. He or She does not have to it is in their discretion. So you want to be out there doing good works so the judge will want to set the conviction aside.
Answer Applies to: Michigan
Replied: 6/9/2011
Click to View More Answers: