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Setting aside conviction

Grand Rapids, MI |

I live in Michigan. I have a conviction for possession of marijuana because I had a probation violation after receiving 7411. Is there any way to have this conviction set aside before the usual 5 year waiting period?

Attorney Answers 4


Unfortunately no...If you lose your Section 7411 designation and a conviction and a judgement of sentence is entered indicating the same is entered, you must the usual 5 year waiting period.

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Nope. Also, keep in mind that the five year period doesn't begin until your probation is complete. And when the time comes, since you had a 7411 deferral and blew that, expect the prosecutor and Attorney General to oppose your expunging it.

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It was not clear if the probation violation was ruled on by the judge. If so and he revoked your 7411 status but kept you on probation your only option is to wait for 5 years. There is a provision in the law that allows a plea to be withdrawn in the interests of justice. This is complicated and you should seek qualified legal counsel immediately.

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The short answer is no. If you were unable to complete your probation requirements under the 7411 diversionary program, there is no second bite at the apple available until the 5 year waiting period has run.

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