Expungment in michigan if the case is dismissed?

Asked about 4 years ago - Dearborn Heights, MI

I was trying to expunge my crimial record in michigan and the court said It's been dismissed you can't do that. yet it's still shows on my record. what does that mean?
I'm trying to apply for my citizenship. if it's dismissed would that help my case

it says on report D01 larceny
original charge 8/4/2005
disposition date 7-10-2006
Dismissed under advisement successfuly completed cased closed
what does it mean? and can I apply for my citizenship?

Attorney answers (3)

  1. Scott Douglas Moore

    Contributor Level 8

    Answered . An immigration attorney should be consulted regarding the relationship between federal and state law. Generally in Michigan courts, a retail fraud case would be taken under advisement pursuant to MCL 771.1. Under the statute, the file remains public, including the information regarding the entry of the plea. While the law allows the Prosecutor to move for dismissal, the file remains open for anyone to view, including employers and government agents who wish to take the time. So while no conviction is entered, the facts supporting the plea remain available to anyone who asks.

  2. Timothy P. Flynn

    Pro

    Contributor Level 15

    Answered . Expungement is a separate procedure. If your conviction qualifies (and it can only be one single count; one conviction) then expungement may be possible. My colleague correctly points out, however, that a deferred sentence does not seal your file from potential employers. The expungement process is explained in an AVVO legal guide posted to my profile. Hope that may assist you.

    I would also agree that your next stop needs to be for a consult with an immigration lawyer. Good luck.

  3. Christine Marie Heckler

    Contributor Level 16

    Answered . A deferred adjudication or a plea taken under advisement with the charges later dismissed, still counts as a "conviction" for immigration law purposes. Therefore, if you plead guilty it will not make any difference for immigration law purposes that the charges were dismissed under state law. You must disclose all arrests and criminal charges on your application for citizenship regardless of whether they resulted in a state law conviction or not. Plus, any arrests or charges will definitely show up on your FBI background check.

    You could face deportation depending on the total number of "convictions" you have and the nature of the crimes committed. You can be deported for committing a crime of moral turpitude, and state theft crimes, such as larceny, are generally considered crimes of moral turpitude. You should consult with an attorney before submitting your N-400 to USCIS.

    DISCLAIMER: This answer is provided as general information, which may not be appropriate for the specific facts of your particular situation. No attorney-client relationship has been established based on this limited communication. You are advised to consult with an attorney in your jurisdiction before taking any action or inaction that may affect your legal rights. www.hecklerlawoffice.com

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