Is there a way to get attempted csc off someone’s record? And, if that person gets married what does that do to other person’s record?

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Is there a way to get attempted csc off someone’s record? And, if that person gets married what does that do to other person’s record?

I have a boyfriend and he has attempted csc charge from his baby mama. It stated that she lied about her age and that her mom let them live in her house. it has been about a year. The first question is there a way to get it off his record?  The other is we want to get married so does that to anything to my record?

Asked on June 3, 2009 under Criminal Law, Michigan

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

The process of clearing someone's criminal record is called an "expungement".  In Michigan to expunge your criminal record, you can not have more than one conviction and that conviction can not be for a felony where the maximum punishment was life imprisonment, or commission or attempted commission of the following crimes: criminal sexual conduct in the second degree (MCL 750.520c), criminal sexual conduct in the third degree (MCL 750.520d), or assault with intent to commit sexual conduct (MCL 750.520g).

First of all, you said that he was charged but not whether he was convicted.  If he was not convicted then you can probably clear the arrest from his record; if he was convicted I don't think so.  You didn't state what degree of CSC was charged.  If it was CSC in the fourth degree your boyfriend may be eligible for an expungement; if it was in the second or third degree I'm afraid that he is out of luck.

As for his record affecting yours the answer is no.  You are only legally held accountable for your own actions not someone else's.  Just be aware that because of this record he can be denied employment.  Anytime a background check is done this can come up,  this even includes checks for the purposes of renting an apartment.  So indirectly his record can affect you.


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