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Removal of Property misdemeanor Kent County Michigan
Anonymous3 views4 answers
Back in 2008 at age 19, I was convicted of 3rd degree retail fraud. At the time I was living in Grand Rapids, which is in Kent County. I pled guilty and received fines, along with community service but no probation. Recently when I checked, the charge I ended up with was removal of property. I do know at the time I was never offered a public defender. I want to know if there is any way I can get the conviction removed or sealed because I have been desperately trying to find another job because of it. I do also have a traffic violation of no valid operators license on person which I believe is a misdemeanor as well in michigan. I did hear that if you have more than one conviction, be it criminal or not, on you record you are not eligible for to get it expunged or sealed. Help me please!!!
With a few rare exceptions you are right, one crime on the record to expunge only. You also would not be eligible because you haven't hit the 5 year mark.
There may still be something we can do with the former prosecutor.
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This is the deal: You have to wait until five years have passed to set aside the conviction. After this time period, you may apply to set it aside. If the only other conviction you have is no ops on person and it was under MCL 257.311 or 257.301, you're still eligible to have the theft set aside (expunged) in a few more years. So, stay out of trouble and you can have it expunged sometime in 2013. As far as attorneys saying that something might be able to be worked out with the prosecutor, do not bother with this. I'm sure at least one more will mention doing this. What they're alluding to is not going to fly with the prosecutor and even if it did, it's against the law. They're suggesting that you make a deal with the prosecutor to withdraw your previous plea to the theft with the prosecutor's consent. However, the court already accepted your plea and sentenced you. There is no provision in the law that allows for you and the prosecutor to now simply decide that your conviction can be erased. It's not up to the prosecutor. Some attorneys use the prosecutor's unwitting agreement as a tool to try to persuade the court. You have to have some very good reason for the relief from judgment and the fact that you don't want it on your record isn't good enough. In addition, if you try this and fail, you may NOT be eligible when the five year date comes up. Wait until 2013 and do it right the first time. Good luck.
In Michigan a person can expunged one and only one prior conviction. And, the one conviction has to be the one they are seeking to expunge. Lastly, a person must be five years removed from the completion of their sentence.
The best answer here is by Mr. Lapres. Michigan's expungement law was changed in June 2011 to allow for up to 2 "minor offenses" in addition to the conviction which is being sought to be expunged. You can find the current statute at the link below.
