Retail Fraud in the 3rd degree in 2008
ATTMPT-Unlawful Posting A Message(Was not charged with a Felony, was sentenced in November of 2014)
I would like to have the Retail Fraud expunged as my own actions stand in my way of becoming a state licensed Emergency Medical Responder(2 months after my National Registry exam I move on the EMT Matriculation course which allows me to become and EMT). I was employed by the Fire/EMS Dept. prior to my most recent conviction and was not fired, my instructor also did not kick me out of class. Could expungement be doable for my situation? This career path is something that I have fallen in love with and have discovered I'm really good at. I'm also a member of a local zoning board for 2 townships. Any advice is much appreciated, and thank you for your time
Potentially. You need to consider the fact that a judge will make a decision on your request by weighing you circumstances and behavior against the public interest. I would consult with an attorney before I move forward. The concern would be that your most recent conviction would cause the judge to think you have not lived a crime free life since 2008.
Expungement is available after five years past probation or parole or sentence is completed. So you are looking at 2019, at least, but you will be able to get rid of both misdemeanors then. A different step would be to get some type of post-judgement relief on the more recent case, but you should consult an attorney and give him more complete facts to decide on that. Good luck in any event.
Timothy J. KliszCar / Auto Accident LawyerLivonia, MI ·
You should start by pulling your iChat report from the state to see if the retail fraud exists as a conviction. If yes, you are eligible under the new law. Hire an attorney asap and get to court after you follow the steps.
Sounds like you are eligible for the retail fraud to be expunged. However, as other counsel mentioned the judge will probably be very concerned that you have another conviction that was more recent. In any event, get a copy of your Michigan criminal history report through the Michigan State Police IChat and then consult with an experienced criminal defense lawyer that regularly does expungements to discuss your eligibility and the likelihood of it being granted. Whatever you do, do not attempt it on your own. The process and hearing is far more complex than people realize and the stakes are very high as you are trying to get your record cleared.
Here is a checklist to review:
http://www.a2gov.org/departments/15D/Documents/15dc_applicationtosetasideconvictionandorder_mc227andmc228_2013-08-23.pdf
Best of luck.
