There are a number of Oakland County judges that are frequently accused of not granted expungements and you could mean almost any one of them. Contrary to popular misconception, Oakland County judges do grant expungements although many lawyers even have trouble winning in that jurisdiction. They are demanding and want things done their way (as many judges do). It is best to have a lawyer very familiar with the Oakland County judge assigned to your case to give you the best possible chance of obtaining an expungement. A great Oakland County lawyer will give you a very high percentage chance of being successful.
Trying to figure out the percentages for granting applications to set aside convictions (i.e. expungements) by a particular judge or jurisdiction is kind of a waste of time and energy for someone trying to get through the process successfully. They are better off finding an experienced criminal defense attorney familiar with this area of the law. The law has changed again, with amendment(s) taking effect next month. Making sure someone qualifies under the statute and coming up with a viable presentation strategy with particular focus on a reason why the expungement is necessary, will go along way towards getting your petition granted. AVVO is an excellent tool to find appropriate legal counsel to assist you in the jurisdiction where your conviction took place. Good luck.
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I have found judges in almost every court to favor expungements. First of all, the law allows for expungement if someone is otherwise eligible. Judges are required to let any victim appear at the hearing. The prosecutor and victim must be notified. The party seeking expungement must provide the court with an updated criminal record from the Michigan State Police. An attorney will advocate every positive change in the persons life since the conviction and may present character letters or witnesses at the hearing.
Judges vary in terms of their backgrounds, judicial philosophies, political leanings, and overall outlook. It is impossible to place a percentage upon how favorable or unfavorable a Judge will look at an expungement request. Besides eligibility issues, the Court will consider the position of the prosecutor's office, the victim, the facts surrounding the case, the petitioner's reformation and supporting documentation in formulating his or her opinion as to the expungement request. It is possible to persuade the most conservative Judges in Oakland County and elsewhere under the appropriate circumstances. You will need a lawyer to give you the best chance of prevailing.
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