How do I get my shoplifting charge expunged? 9 Answers as of February 25, 2012

I was convicted of shoplifting 20 years ago and it is hurting me in the program at college I want to go into. How do I take care of it?

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J.W.Poprawa, Attorney at Law | Joseph W. Poprawa
If you have only one prior conviction there is a procedure that you can request the sentencing judge to expunge your record. There are several steps involved though so you should probably consult an attorney.
Answer Applies to: Michigan
Replied: 2/25/2012
Craig W. Elhart, P.C.
Craig W. Elhart, P.C. | Craig Elhart
You would need to file a motion with the Court where the conviction occurred asking the court to expunge the conviction record.
Answer Applies to: Michigan
Replied: 2/24/2012
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, a person may expunge only one prior conviction and they can only have "no more than 2 minor offenses in addition to the offense for which the person files an application." MCL 780.621(1). 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: 2/24/2012
Michael Breczinski
Michael Breczinski | Michael Breczinski
Have you had any other criminal convictions ever? Like driving while license suspended or OUIL. If this is your only conviction then something can be done. You need to petition the court, where it happened to have it expunged. A lawyer could help you do this.
Answer Applies to: Michigan
Replied: 2/24/2012
Dungan, Lady, Kirkpatrick & Dungan PLLC | Michael Dungan
To be eligible for an expungement (Motion to Set Aside a Conviction) that has to be the only conviction on your record, although the law was recently amended to include those with two other 90 day misdemeanors if committed before age 21. If that is your only criminal conviction, you should be otherwise eligible. The expungement process involves getting a certified copy of your conviction, usually the Judgment of Sentence or Order of Probation from your court file, preparing the motion to set aside the conviction, you need to send in a copy of your fingerprints to the Michigan State Police Central Records, and set a court date in the court of conviction. There can be other requirement depending on the county and the judge involved. Often, an Affidavit detailing how your life has changed since the conviction is a good idea, along with character reference letters from people who know you well. You should consider working with an attorney on this issue if it is affecting your educational opportunities.
Answer Applies to: Michigan
Replied: 2/24/2012
    Hilf & Hilf PLC
    Hilf & Hilf PLC | Daniel Hilf
    You can seek an expungement if you only have one conviction on your record (or if you have multiple convictions if the other convictions are for minor offenses which carry a possible penalty of less than 90 days in jail). A lawyer can file a petition for expungement on your behalf with the sentencing court. You will need to be fingerprinted as well as part of the process. Even if you are eligible for an expungement, a Judge still has discretion to deny the request if he or she does not feel that you are a good person. If the request is granted, the offense becomes a non public record. You are only eligible for 1 expungement in Michigan in your lifetime, and the non public record verifies that you are not seeking a second expungement. I would encourage you to hire a lawyer to put this behind you.
    Answer Applies to: Michigan
    Replied: 2/24/2012
    The DeRose Lawfirm | Peter J. DeRose
    Depending upon the charge, you may be able to get it expunged from your record. There is a time period involved and certain other criterea that must be met. If you are not capable of doing this for yourself, hire an experienced attorney to assist you.
    Answer Applies to: Michigan
    Replied: 2/24/2012
    Joseph T. Barberi, P.C.
    Joseph T. Barberi, P.C. | Geoffrey K. Rettig
    In Michigan, you would be eligible to have this matter expunged. The process involves filing a petition to set aside the conviction and giving notice to the local prosecutor and the Attorney General. Contact an attorney familiar with the local Court and Prosecutor and your chances will certainly improve.
    Answer Applies to: Michigan
    Replied: 2/23/2012
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