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JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20233
Experience:  Handling criminal and probation matters for over 14 years.
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I live in Michigan. I was convicted 20 years ago of forgery.

Resolved Question:

I live in Michigan. I was convicted 20 years ago of forgery. I am applying to set aside my conviction. I just received a letter from the state attorney that they are against it since I was arrested for driving while my license was suspended 6 years ago. It was for a check that bounced. My now ex husband told me he took care of it and I was unaware that my license had been suspended. I was pulled over for my one and only moving violation in 2003 and was arrested. I paid all my fines and reinstatement fees and they say I don't qualify for my conviction to be set aside. Is this true or does the judge has some leeway on whether or not he will do it?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  JB Umphrey replied 8 years ago.
Thank you for using JustAnswer!

The information that the attorney general's office gave is correct.

The instruction sheet of the form you filled out explains that Michigan law does not allow a conviction to be set aside if you received more than one conviction.

In your situation, your second conviction is the DWLS. Under Michigan law, that second conviction make you ineligible to have your forgery conviction set aside. The judge has no discretion on this. If the judge were to grant your petition, the attorney general's office will appeal and they will win.

I'm sorry that I could not be the bearer of better news for you. I hope that you find this information to be helpful and this answer to be ACCEPTable!

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