I got a felony for delivery of marijuana in 1998 and i haven't been in trouble since. It is my only felony.
Rule 1, Felony Expungement: A person who is convicted of not more than 1 felony and not more than 2 misdemeanors may petition to set aside the felony, or,
Misdemeanor Expungement: A person who is convicted of not more than 2 misdemeanors and no other felony or misdemeanor offenses may petition to have 1 or both misdemeanors set aside.
Rule 2, Extensive criminal record may preclude expungement: A person convicted of more than 1 felony, or more than 2 misdemeanors, is not eligible for expungement of anything. For this purpose, offenses that have been dismissed pursuant to a deferred sentence, MCL771.1, MCL 333.7411, MCL 769.4a or HYTA shall be counted as misdemeanors in determining whether a person is eligible for expungement.
Rule 3, Five year waiting period: An application to set aside a conviction shall only be filed 5 years or more after sentence, completion of probation, discharge from parole or completion of imprisonment; whichever occurs last. The maximum period of probation for a misdemeanor is 2 years and 5 years for a felony. Therefore, a person would have to wait 10 years to file for an expungement of an eligible offense after completing 5 years of probation for a felony.
Rule 4, Ineligible Expungement Offenses: The following offenses are not eligible for expungement:
Felony, or attempted felony, with the maximum penalty of life imprisonment.
Conviction or attempted convicted of a criminal sexual conduct offense. There is an exception for CSC 4 th Degree which occurred before 1/12/2015 and the offender does not have more than 2 minor misdemeanor convictions. A minor misdemeanor is an offense that does not exceed 90 days in jail and must have been committed before the offender was 21 years old.
A felony for domestic violence if the person has a previous conviction for domestic violence.
Traffic offenses or drunk driving.
I'm 17 and have a problem with school truancy so I decided to take my GED. Upon missing 3 day 2 of which I had a doctors note my probation officer decided she wont let me take my GED until I have consistent attendance.
A condition of probation might require regular school attendance so you might have a problem here. One way to find out is to file a motion for review of your probation. You can ask the judge for a ruling on the matter or to modify probation. However, you need to retain local counsel and inquire as to whether this will open a can on worms and expose you to a probation violation.See question
I have domestic violence case against me, and at the same time, my wife got PPO and divorce papers. Because of PPO, I can't really meet with my wife for 2 meetings required by law about our child's custody. She wanted the house and just quickly ge...
Unfortunately, scenarios like you have described can be legitimate or based upon false accusations to keep you away from your wife and children. Judges are not real helpful regarding PPO cases. I have seen judges issue PPO's to be on the safe side even when they do not know who is telling the truth. The same goes for domestic violence cases. Some alleged victims know how to put just enough in a police report to support criminal charges.
You are not getting a lot of responses because there are no easy answers to your situation. I hope you can get a good lawyer to set the record straight. LIke you have said, this could be your wife's grand plan. However, you need to proceed through legal channels to get satisfaction. Living well is the best revenge!See question
Charged with disturbing the peace..put in jail overnight. Charges were dismissed. A report says complaining witness wants me charged with disturbing the peace, contrary to law. I posted a message on an anonymous social media platform. Another ...
This is a very unfortunate situation. I can see where you are potentially thinking about a lawsuit for police misconduct. I suggest that you talk to an attorney that specializes in this type of work. There may be police misconduct if you were charged based upon gross negligence. The government does have some immunity in these types of matters which is probably not a surprise. However if the charge was based upon reliable information without gross negligence or malicious police misconduct, you may not have any grounds.See question
I received a felony conviction for forgery at the age of 23 in Michigan in August 2014. I paid full restitution and all fines the day of sentencing, served no jail time, no probation, no parole. I am just about to graduate college and although I h...
Unfortunately, you are unable to file a motion to set aside for a conviction until after you are off probation for a period of five years. There is no sympathetic type exception to this rule. I am assuming that you were not eligible for youthful trainee status (HYTA). HYTA enables offenders under age 24 years old to have matters like this dismissed. Under prior law, in Michigan, HYTA was only available for offenders that were under the age of 21. I am just guessing that you were not eligible for HYTA at the time of your offense.See question
My girlfriend had been fighting with me, I wanted to leave, got in my car pulled out and she blocked me so I couldn't leave. I slammed it in reverse, she jumped on my car. I drove forward, I stopped, she let go, fell off got cuts bruises and they ...
The prosecutor may proceed. The police may testify as to anything observed personally and admit photographs based upon knowledge. It's another story if the prosecutor tries to admit testimonial statements by a victim that is not available to cross examine. Your attorney will object and the judge should exclude any such statements unless the prosecutor can establish that the statements are reliable and admissible pursuant to a hearsay exception. Some jurisdictions will hold the witness in contempt for failure to obey a lawfully served notice-subpoena to appear as well. Judges are also careful not to dismiss unless notice is well established and the court is satisfied that the witness was not threatened or intimidated.See question
I recently completed a Cpl class and filed the application for the Cpl in mi after doing all of this and paying for it all i came across the rules of Cpl disqualifying I thought it only pertained to a domestic violence but after more reading it sa...
The waiting period is 8 years with no exceptions. Other non violent misdemeanors have lesser periods. Upon conviction of a felony, you are forbidden under both state and federal law to possess a firearm.
Whenever you stand to lose important rights, you should consider the option of fighting the offense to get a dismissal or not guilty verdict. A skilled criminal defense lawyer can always make recommendations to assist you with various courses of action.See question
My fiance is gonna sign next week he was charged with domestic violence and false imprisonment and violating his probation it will be his 3 strike of felony it's a possibility he will be serving 5 years in state prison who do I talk to if I can't...
Ronald A. Cabanayan has given you an excellent answer. All criminal cases are pursued by the government on behalf of the people for the enforcement and upholding criminal laws. Therefore, the case is titled: People of California vs. John Doe when someone violates a law in California. When someone is charged with a federal crime, the case is entitled United States vs. John Doe.See question
I live in South Carolina. My husband and my children did, too. 3 years ago, I was unemployed and he left me and took my kids and moved to Florida without my permission. I had no money to fight him and just plain didn't know how to even get him to ...
Get an attorney licensed in Florida. Talk to a local attorney, in S Carolina, to see if there any way to get jurisdiction there. I always recommend being proactive by getting notarized character letters supporting your custody/parenting time claim. The letters should be specific on your relationship with the children and any specifics regarding your good character or any aspects of your husband's negative character that they know first hand. The letters should be from persons that are willing to be a witness for you and should provide a name, address and phone number. Your attorney may be able to attach them to a motion or purpose of getting an ex parte order. Good Luck.See question
My ex of over 7 years ago, has pictures of me that his current girlfriend has threatened to post. She has emailed my husband several times and as so much has contacted my mother in law, all of us have blocked.her on social media and she's made up ...
There is a law in Michigan, found at MCL 750.411s, for unlawful posting message through electronic medium which includes posting of photos. Unlawful posting is a crime. It states as follows:
(1) A person shall not post a message through the use of any medium of communication, including the internet or a computer, computer program, computer system, or computer network, or other electronic medium of communication, without the victim's consent, if all of the following apply:
(a) The person knows or has reason to know that posting the message could cause 2 or more separate noncontinuous acts of unconsented contact with the victim.
(b) Posting the message is intended to cause conduct that would make the victim feel terrorized, frightened, intimidated, threatened, harassed, or molested.
(c) Conduct arising from posting the message would cause a reasonable person to suffer emotional distress and to feel terrorized, frightened, intimidated, threatened, harassed, or molested.
(d) Conduct arising from posting the message causes the victim to suffer emotional distress and to feel terrorized, frightened, intimidated, threatened, harassed, or molested.
(2) A person who violates subsection (1) is guilty of a crime as follows:
(a) Except as provided in subdivision (b), the person is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $5,000.00, or both.
(b) If any of the following apply, the person is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $10,000.00, or both:
(i) Posting the message is in violation of a restraining order and the person has received actual notice of that restraining order or posting the message is in violation of an injunction or preliminary injunction.
(ii) Posting the message is in violation of a condition of probation, a condition of parole, a condition of pretrial release, or a condition of release on bond pending appeal.
(iii) Posting the message results in a credible threat being communicated to the victim, a member of the victim's family, or another individual living in the same household as the victim.