Is my offense eligible for expungement? 4 Answers as of June 20, 2013

I am a month from successfully completing my sentence for Retail Fraud 3rd degree under MCL 771.1 The case will be 'dismissed' and I will not have a 'conviction' and I am I would like to know the following: 1) Is this offense eligible for expungment in 5 years under Michigan's expungement law? I have read it carefully, but it appears it only applies to convictions and does not mention MCL 771.1 so I am unclear if this is a conviction or not, even though I took a plea. Does Michigan allow for 'record sealing? I have looked into this and I believe that I can petition the court for an order of non-disclosure but again, I am not sure if this would apply to me.3) Does a dismissal of this nature qualify for a destruction of fingerprints and arrest card under MCL 28.243 since my case will be 'dismissed'?

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Thomas J. Tomko Attorney At law
Thomas J. Tomko Attorney At law | Thomas J. Tomko
Under 771.1 your case will be dismissed at the end of typically 1 year. Therefore, there is no need to expunge what was dismissed. If you still wish to expunge, although unusual, I suppose it may be possible. I am not wure what advantage that holds after is is already dismissed. When it comes to return of fingerprints, after dismissal, this may be available. A petition could be filed with the Court.
Answer Applies to: Michigan
Replied: 2/17/2012
The DeRose Lawfirm | Peter J. DeRose
Absolutely not. The bad news is that it is not a conviction for purposes of expungement. The good news is that it is not a conviction for purposes of expungement. You do not need it expunged because you were not convicted, assuming your facts are correct. You do not need to report your arrest on a job application, only a conviction. As to your fingerprints and arrest card, destruction of those items pursuant to the statute you cite, only applies to a situation where a prosecutor makes a decision not to charge you with a criminal offense. In your situation you actually plead guilty to the offense and your plea was taken by the court "under advisement" to allow you time to complete the conditions contained within MCL 771.1-drug or other counseling. So I believe your fingerprints will be on file with the Bureau of Criminal Investigation.
Answer Applies to: Michigan
Replied: 2/16/2012
Michael Breczinski
Michael Breczinski | Michael Breczinski
Dismissed means dismissed. There would be nothing to expunge since no conviction would be entered on your record.? You can report no convictions on any work application form.
Answer Applies to: Michigan
Replied: 2/15/2012
Dunnings Law Firm
Dunnings Law Firm | Steven Dunnings
You have to wait 5 years.
Answer Applies to: Michigan
Replied: 6/20/2013
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