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Can i have my delivery of control substance expunged

Grand Junction, MI |

i been off papers for this case for about two years

Attorney Answers 3

Posted

You can have a controlled substance conviction expunged in Michigan if you have no other convictions ANYWHERE and a period of at least 5 years has passed from the time that you have finished your sentence to the time that you file your petition. The only exception to this rule is if the offense that you committed was punishable by a life sentence. If so, you cannot get an expungment.

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Posted

Delivery of a controlled substance is an expungable offense but only if its your only criminal conviction and if five years has elapsed from its date.

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Posted

Your question is a little vague but the simple answer is yes so long as you meet the requirements under the law. In Michigan, the statute (law) allows the expungement of the record of one criminal conviction only. The statute is MCL 780.621. A petition for expungement of a criminal record may not be filed until five years after the completion of a prison term or imposition of a sentence, whichever occurs later. Upon a petition to the court, the petitioner has the burden of proving to the court that his or her actions and behavior from the date of the conviction until the time of the application are consistent with the goals of protecting public welfare and warrant the expungement of the criminal conviction. The court must make a sufficient analysis of the facts and circumstances in your case and cannot deny your request without explanation as to the basis of the determination.

While under most circumstances one-time criminal offenders are eligible for expungement, there are certain crimes which are specifically excluded and cannot be expunged, such as convictions where the maximum punishment is life imprisonment or an attempt to commit a felony for which the maximum punishment is life imprisonment may not be expunged by the court.

The process involves the gathering and drafting of certain documents and court records. An application will be denied unless it contains all of the information required by the court.

It is important to have a good criminal lawyer to help you understand the process and work quickly and efficiently to obtain all of the necessary documentation.

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