How to set aside a misdemeanor?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How to set aside a misdemeanor?
I am trying to go through with a Set Aside for a misdemeanor marijuana offense that happened in 04/02. However, I had an MIP shortly after in 01/03. While doing a background search, I cannot find the MIP and only the marijuana use conviction comes up. It’s almost as if it was expunged from my record. Do you think I am still eligible to get my marijuana use record set aside?
Asked on February 7, 2011 under Criminal Law, Michigan
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Ok, so I see why you have asked the question the way you have asked the question. According to Michigan law, an expungemet is granted if the following criteria are met:
- 1. You only have ONE conviction;
- 2. Your one conviction is NOT for:
- a. An actual or attempted crime punishable by life in prison;
- b. Actual or attempted criminal sexual conduct in the second degree (felony);
- c. Actual or attempted criminal sexual conduct in the third degree (felony);
- d. Actual or attempted assault with intent to commit criminal sexual conduct (felony); or
- e. A traffic offense; and
- a. An actual or attempted crime punishable by life in prison;
- 3. More than 5 years have passed since your sentence was imposed or your prison term was completed, whichever is later.
This is what you need to do. You need to go down to the court in which you appeared for the MIP. You need to find out what happened also known as the disposition of the matter. Once you obtain that information you will be able to determine if you are eligible. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.