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I had a midemeanor attempted destruction of property in 1992.

I had a midemanor conviction...
I had a midemeanor attempted destruction of property in 1992. I had a midemanor conviction in 2008 for making a false police report. after doing community service the later conviction was dismissed. when i do a michigan state background check and an fbi background check both show the first misdemeanor and the second charge as being dismissed. do i qualify in michigan to have the conviction in 1992 set aside?
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12/1/2012
Roger
Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 31,871
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Hi - my name is XXXXX XXXXX I'm a Criminal Law litigation attorney. Thanks for your question.

You should be eligible for expungement of these offenses because there's no conviction, or if there's only one conviction (if your criminal history is wrong on the reports).

For purposes of the expungement law, “conviction” is defined as a judgment entered by a court upon a plea of guilty, guilty but mentally ill, or nolo contendere, or a jury verdict or court finding that a defendant is guilty or guilty but mentally ill.

Convictions of certain offenses will disqualify you from being granted an expungement. Those include:

• A felony for which the maximum punishment is life imprisonment or at attempt of such a felony (this includes Criminal Sexual Conduct in the First Degree and other crimes)
• Possession of child sexually abusive material (Child Pornography)
• Using a computer to commit certain crimes
• Criminal Sexual Conduct in the Second Degree
• Criminal Sexual Conduct in the Third Degree
• Assault with Intent to Commit Criminal Sexual Conduct
• Traffic tickets

Also, Michigan expungment law has recently changed to allow a person with two “minor offenses” on their record and still qualify for expungement. However; “minor offenses” is defined very narrowly under the law. The law states, “minor offense means a misdemeanor or ordinance violation for which the maximum permissible imprisonment does not exceed 90 days, for which the maximum permissible fine does not exceed $1,000.00, and that is committed by a person who is not more than 21 years of age.”

Another requirement is that 5 years must have passed since the imposition of the sentence for the conviction that the applicants seeks to set aside or 5 years following completion of any term of imprisonment for that conviction, whichever occurs later.

If, and only if, a person meets the above requirements, he or she is then eligible to apply to the court for expungement of his or her criminal record.
Roger
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