I have two felony convictions over 30 years old. I have, since these incidents, performed a 100% reformation. Due to the nature of them being Financial oriented (Larceny from and person and illegal credit card usage), applying for job in the Financial industry has been hindered. I would like to get a pardon as quickly as I can and do understand a pardon application must be submitted. However, I am wondering if there is a way to expedite this in the way of an "Emergency Pardon".
Criminal Defense Attorney
No, sorry. There is not an "Emergency Pardon." If you have two felony convictions, you may not be eligible for an expungement but there may be something that can be done to help you. Contact an experienced criminal defense lawyer for a consultation.
Mr. Loren Dickstein, Esq.
10.0 Rated Michigan Criminal Defense Attorney
LEWIS & DICKSTEIN, P.L.L.C.
2000 Town Center, Ste. 2350
Southfield, MI 48075
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No there is no such thing as an emergency pardon.
Equally, it is unlikely that you would qualify for an expungement due to your multiple convictions.
You may apply to have a conviction set aside for any crime except: (1) a conviction of a felony or an attempted felony punishable by life imprisonment; (2) a violation or attempted violation of criminal sexual conduct under MCL 750.520c, MCL 750.520d, or MCL 750.520g; or (3) a traffic offense. If you have had more than one conviction for any offense you cannot apply. You may have only one conviction set aside.
A person who has been convicted of a non-traffic offense that is reported to the Secretary of State may apply to have the conviction set aside, but if the application is granted, the court cannot order the removal of the offense from the Secretary of State’s records.
A person may apply to have a conviction set aside when five (5) years have passed since the date he or she was sentenced for the conviction, as long as he or she was not imprisoned. If the person was imprisoned, he or she may apply to have the conviction set aside when five (5) years have passed since being released from the term of imprisonment for that conviction.
Once an application for expungement is made, a court may only set aside your conviction upon a showing that your circumstances and behavior since the date of the conviction to the filing of the application warrant an expungement, and that such action is consistent with the public welfare, and that the nature of an offense does not preclude the setting aside of your record. The setting aside of a conviction is a privilege and conditional; it is not a right. The process takes months and requires you to attend at least one hearing. Additionally, the Attorney General of the State of Michigan, the prosecuting official of the original conviction, and the victim (depending on the nature and type of the crime) can contest and object, and often will contest and object to your application for expungement. Accordingly, it is advantageous to have an attorney represent you for an expungement.
You can apply for a pardon. It will go to the Parole Board for a recommendation, then to the office of the governor. The governor can grant it or deny it, in his absolute discretion. They will take as long as they feel like taking to decide. Not many pardons are given out. Politicians usually do better by being tough onthose convicted of crimes, instead of being lenient with them.
In addition to a pardon, there is also the possibility of overturning the conviction with a legal motion, called a Motion for Relief from Judgment, filed in the circuit court where you were convicted. This is not based on discretion, but requires a valid legal defect in the conviction in order for you to win.
There is also something known as an expungment,which is based on the discretion of the judge, however, you are not eligible under Michigan law as long as you have two felony convictions.
Contact me at 248-399-6930 for a free consultation. You and I do not have an attorney-client relationship formed by our communications on this website. Advice given by me on this website is general advice based on partial information. You should not rely on any advice given without first hiring a lawyer in the area where the case is pending, and providing that lawyer with full information.