Kalamazoo, MI asked in Criminal Law for Michigan

Q: I live in michigan I plead to accessory after the fact to a felony I want to get this felony expunged how long do I hav

How long do I have to wait

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1 Lawyer Answer
Hillard Fried
Hillard Fried
  • Criminal Law Lawyer
  • Ann Arbor, MI
  • Licensed in Michigan

A: A statute provides that a person convicted of one and only criminal offense may file a motion to set aside that criminal record. The process is commonly known as "expungement". Certain convictions may not be expunged. Those include crimes punishable up to life in prison, convictions for criminal sexual conduct in the first, second and third degrees plus assault with intent to commit certain versions criminal sexual conduct. Nor may traffic convictions be expunged. Certain criminal offenses which are also reportable to the Secretary of State may be expunged, but the corresponding Secretary of State record is not subject to expungement (although it may be subject to expunction - which is a different process). A motion for expungement may not be filed until 5 years following imposition of the sentence for the conviction that the applicant seeks to set aside. If the defendant was sentenced to prison, however, he will not be eligible for expungement until 5 years after completion of the term of imprisonment.

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