How to set aside a misdemeanor?

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How to set aside a misdemeanor?

I am trying to go through with a Set Aside for a misdemeanor marijuana offense that happened in 04/02. However, I had an MIP shortly after in 01/03. While doing a background search, I cannot find the MIP and only the marijuana use conviction comes up. It’s almost as if it was expunged from my record. Do you think I am still eligible to get my marijuana use record set aside?

Asked on February 7, 2011 under Criminal Law, Michigan

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Ok, so I see why you have asked the question the way you have asked the question.  According to Michigan law, an expungemet is granted if the following criteria are met:

1. You only have ONE conviction;
2. Your one conviction is NOT for:
a. An actual or attempted crime punishable by life in prison;
b. Actual or attempted criminal sexual conduct in the second degree (felony);
c. Actual or attempted criminal sexual conduct in the third degree (felony);
d. Actual or attempted assault with intent to commit criminal sexual conduct (felony); or
e. A traffic offense; and
3. More than 5 years have passed since your sentence was imposed or your prison term was completed, whichever is later.

This is what you need to do.  You need to go down to the court in which you appeared for the MIP.  You need to find out what happened also known as the disposition of the matter.  Once you obtain that information you will be able to determine if you are eligible.  Good luck.


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