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. 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 to assist you with the process.

Answer Applies to: Michigan
Replied: 11/7/2011

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You do not give enough details here. Were you convicted or put on deferred adjudication? If deferred was an option, did you complete the deferred successfully? If you were not convicted then you are entitled to expunction, if you were deferred you may qualify for a non-disclosure order.

Answer Applies to: Texas
Replied: 10/26/2011

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If you were convicted and sent to prison, nothing can be done. If you received and successfully completed deferred adjudication probation, then the record can be sealed. If the case was dismissed or resulted in a not guilty verdict, the case can be expunged.

Answer Applies to: Texas
Replied: 10/24/2011

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Not if it is a conviction. However, if it was dismissed, no billed, you were found not guilty, or you successfully completed deferred adjudication probation, then we can help you.

Answer Applies to: Texas
Replied: 10/24/2011

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This depends on if you were granted deferred probation, straight probation or a jail sentence.

Answer Applies to: Texas
Replied: 10/24/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

That depends on what happened with the case. If you were convicted of any offense as a result of the arrest (whether you got prison or jail time, a fine, probation, whatever), then no, you almost certainly can't do anything about getting it off your record. If you successfully completed a deferred adjudication probation and your case was dismissed at least five years ago, you may qualify for an order of nondisclosure, which would seal the records for most purposes. If your case was dismissed, no-billed, never filed at all, overturned on appeal or by writ of habeas corpus or you actually got acquitted at trial then you should be eligible for an expunction which would order the records destroyed.

Answer Applies to: Texas
Replied: 10/24/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.