What are the requirements to have my criminal record expunged?
Full Question:
I need to have my felony removed. I believe in 2002 I had a charge "possession of marijuana manufacture and delivering with intent to distribute" I would like my life back its been some years now and I can not get a job or do so many things I love and need to do in order to survive. Is there a lawyer for me or can I do this myself?
11/09/2007 |
Category: Criminal ยป Expungement ... |
State: Michigan |
#11966
Answer:
The following are Michigan statutes:
780.621
Application for order setting aside conviction; setting aside of
certain convictions prohibited; time and contents of application;
submitting application and fingerprints to department of state police;
report; application fee; contest of application by attorney general or
prosecuting attorney; notice to victim; affidavits and proofs; court
order; definitions.
Sec. 1.
(1) Except as provided in subsection (2), a person who is
convicted of not more than 1 offense may file an application with
the convicting court for the entry of an order setting aside the
conviction.
(2) A person shall not apply to have set aside, and a judge shall not
set aside, a conviction for a felony for which the maximum punishment is
life imprisonment or an attempt to commit a felony for which the maximum
punishment is life imprisonment, a conviction for a violation or attempted
violation of section 520c, 520d, or 520g of the Michigan penal code,
1931 PA 328, M.C.L. 750.520c, 750.520d, and 750.520g, or a conviction for a
traffic offense.
(3) An application shall not be filed until at least 5 years following
imposition of the sentence for the conviction that the applicant seeks to
set aside or 5 years following completion of any term of imprisonment for
that conviction, whichever occurs later.
(4) The application is invalid unless it contains the following
information and is signed under oath by the person whose conviction is to
be set aside:
(a) The full name and current address of the applicant.
(b) A certified record of the conviction that is to be set aside.
(c) A statement that the applicant has not been convicted of an
offense other than the one sought to be set aside as a result of
this application.
(d) A statement as to whether the applicant has previously filed
an application to set aside this or any other conviction and, if
so, the disposition of the application.
(e) A statement as to whether the applicant has any other criminal
charge pending against him or her in any court in the United States or in
any other country.
(f) A consent to the use of the nonpublic record created under
section 3 to the extent authorized by section 3.
(5) The applicant shall submit a copy of the application and 2 complete
sets of fingerprints to the department of state police. The department of
state police shall compare those fingerprints with the records of the
department, including the nonpublic record created under section 3, and
shall forward a complete set of fingerprints to the federal bureau of
investigation for a comparison with the records available to that
agency. The department of state police shall report to the court in which
the application is filed the information contained in the department's
records with respect to any pending charges against the applicant, any
record of conviction of the applicant, and the setting aside of any
conviction of the applicant and shall report to the court any similar
information obtained from the federal bureau of investigation. The court
shall not act upon the application until the department of state police
reports the information required by this subsection to the court.
(6) The copy of the application submitted to the department of state
police under subsection (5) shall be accompanied by a fee of $50.00
payable to the state of Michigan which shall be used by the department of
state police to defray the expenses incurred in processing the
application.
(7) A copy of the application shall be served upon the attorney general
and upon the office of the prosecuting attorney who prosecuted the
crime, and an opportunity shall be given to the attorney general and to
the prosecuting attorney to contest the application. If the conviction
was for an assaultive crime or a serious misdemeanor, the prosecuting
attorney shall notify the victim of the assaultive crime or serious
misdemeanor of the application pursuant to section 22a or 77a of the
crime victim's rights act, 1985 PA 87, M.C.L. 780.772a and 780.827a. The
notice shall be by first-class mail to the victim's last known address.
The victim has the right to appear at any proceeding under this act
concerning that conviction and to make a written or oral statement.
(8) Upon the hearing of the application the court may require the
filing of affidavits and the taking of proofs as it considers proper.
(9) If the court determines that the circumstances and behavior of the
applicant from the date of the applicant's conviction to the filing of the
application warrant setting aside the conviction and that setting aside
the conviction is consistent with the public welfare, the court may enter
an order setting aside the conviction. The setting aside of a conviction
under this act is a privilege and conditional and is not a right.
(10) As used in this section:
(a) "Assaultive crime" means that term as defined in section 9a of
chapter X of the code of criminal procedure, 1927 PA 175, M.C.L. 770.9a.
(b) "Serious misdemeanor" means that term as defined in section 61
of the crime victim's rights act, 1985 PA 87, M.C.L. 780.811.
(c) "Victim" means that term as defined in section 2 of the crime
victim's rights act, 1985 PA 87, M.C.L. 780.752.
780.624 Setting aside of convictions; limitation.
Sec. 4.
A person may have only 1 conviction set aside under this
act.