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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?

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.

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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.

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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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