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If I abscounded on probation for a felony embezellment charge can I have the original charge expunged from my record.

Lansing, MI |

I was convicted of embezellment between $1,000 - $20,000. I was sentenced to 90 days in jail, 5 years probation, restitiution and 250 hours community service. I was working 3 jobs to make enough money to pay the restitiution and didn't get my community service done. My PO threatened to violate my probation and I got scared thinking it meant prison time and left state. Later i returned, was found during a traffic stop and taken to jail. When I went before the Judge I was given another 90 day sentence with 60 days credit if I paid the restitution in full (which I did) and probation would be completed. Since I abscounded but did serve my time for the violation AND paid the restitution am I prevented from having the original charge expunged from my record?

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Attorney answers 2


Technically you probably could depending on the totality of your record. However, the timing is not good if the probation violation just occurred recently.


Your probation violation should not interfere with your abiilty to have the charge expunged, so long as it did not result in any additional criminal charges. You have to wait 5 years before you can ask for expungement, and there are also strict rules regarding your criminal record. I would be happy to meet with you to determine if you are eligible.



The original charge was in 2000 and I abscounded in 2002, was found and served my sentence for the violation in 2004. Since then I have had no further legal issues. However during the traffic stop I gave a false name and was charge with misuse of ID, paid a fine and my license was suspended for 3 months so not sure if that would be considered additional charges. I know there were not any additional felony charges.

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