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CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
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Experience:  9+ years defending Misdemeanor and Felony cases.
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I received a MIP in Michigan for drinking when I was over ...

Resolved Question:

I received a MIP in Michigan for drinking when I was over 18 but under 21. I was not able to finish the terms of my probation for the first offenders program and I was wondering if an MIP gets expunged from your record when you turn 21 in the state of Michigan?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  CrimDefense replied 8 years ago.

Since you were 18, the charge would be on your adult criminal record. This charge will not be expunged when you turn 21. Depending on the disposition of your case, since you did not finish the program, you may or may not be eligible to have your record for this crime expunged. If you only have ONE conviction on your record, you may be eligible. The expungement is a procedure that you would need to do yourself, it is not something that happens automatically and you have to wait 5 years, before doing so. You can contact an attorney to help you with this expungement or go to the local court house and they will provide you with a package, to do it yourself.

Criminal Procedure : Expungement

  • Purpose

    The purpose of the expungement statute is to expunge the record of one-time offenders who satisfy the requirements of the act.

  • Applicability - Time

    An application for expungement of a criminal conviction may not be filed until five years after imposition of the sentence, or until five years after completion of any term of imprisonment, whichever occurs later. MCL 780.621(3)

  • Test - Nature of Offense

    Upon application, a court may set aside a conviction upon a showing that the circumstances and behavior of the applicant from the date of the conviction to the filing of the application warrant the set aside and that setting aside the conviction is consistent with the public welfare. The nature of an offense does not alone preclude the setting aside of an offender's record and will not justify denial of a petition to set aside a conviction. Rather, the circumstances and behavior of the applicant must be weighed against the public welfare. MCL 780.621(9)

  • Multiple Convictions - Misdemeanors

    A person who is convicted of not more than one offense may file an application with the convicting court for the entry of an order setting aside the conviction. A person may have only one conviction expunged. Thus, a person convicted of only one offense may obtain expungement, but a person convicted of more than one offense may not obtain expungement. Multiple offenses which disqualify a person from expungement include any convictions, whether misdemeanor or felony. MCL 780.621(1)

 

Customer: replied 8 years ago.
Reply to CrimDefense's Post: Thank you for your help. I live in Cincinnati OH and received this offense in Michigan where I was attending school. Can I go to a local court house here to get an expungment package? Also, is there any way I can view my record? I am pretty sure this event occurred in Fall 2004 but I wanted to make sure. I am appyling for jobs here in Cincinnati and I do not know if I need to put down that I received a misdemeanor in another state 4 years ago. Thank you for your time.
Expert:  CrimDefense replied 8 years ago.

The paperwork needs to be from Michigan, as their Rules of Criminal Procedure will govern the expungement. Go online to the Clerk of Courts, for the county where you received this charge. normally, you can enter your name in the search engine and it will bring up the date of the offense. If that does not work, you can run a background check on yourself, from an website. If you job is doing an background check, they may see this charge, so you should make sure you answer the question properly. Sometimes, they only ask about convictions. As I said before, your failure to complete the program MAY have resulted in a conviction. You need to find that information out.

If you feel I have answered all your questions, please hit the accept button, so I can get credit for my answers.

Customer: replied 8 years ago.
Reply to CrimDefense's Post: Thanks again for your help and I do accept your answers I just keep thinking of questions. Do you know of specific websites I can use to find my background information? Or to see if I have a record that would show up on a background check? I am having trouble finding my information on the court Washtenaw County and Ann Arbor websites and did not know of other websites that could provide me with this information. Thank you for your time, I truly appreciate it.
Expert:  CrimDefense replied 8 years ago.

I have not used any of these listed sites, so pick one that you feel comfortable using.

http://www.usa-people-search.com/Background-Check.aspx

http://www.dmv.org/criminal-records.php

http://www.criminalwatchdog.com/

 

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