Expunging a dismissed felony

[themittenabides]

Jurisdiction

Michigan

Hi,

Can I get a dismissed felony assault charge expunged from my record? What is the process? How much will it cost me?

In 2012 I was drunk driving and hit another car. The guy claimed it was on purpose, so I was charged with felony assault + a DUI (my 2nd). The felony assault was reduced down to a misdemeanor assault & battery.

The problem is the felony assault showed up in a background check even though it was dismissed. This set off red flags when i was getting a new job and I had to show them proof of being sober + in recovery. The problem is this will prevent me from going from a contract to direct hire, so I'm looking into the possibility of expunging this dismissed felony.

Should i just be patient and wait 2 years for it to go off my record (7 years total), or is this also wrong, and this dismissed felony will only go off if i get it expunged?

 

[army judge]

Should i just be patient and wait 2 years for it to go off my record (7 years total), or is this also wrong, and this dismissed felony will only go off if i get it expunged?

Your question has been asked many times over the years I've moderated this website.
It has often been asked of me during my many years of practicing law.
You, much like many others, have somehow acquired the notion that if one is arrested for a crime and subsequently convicted (or plead guilty to one of its lesser or included offenses) you can sooner or later get the entire episode erased from your record.

Yes, expunction and its twin expungement is alleged to remove the stain of a criminal conviction.

Alas, most people confuse expunction/expungment with its richer and more powerful sibling, a full executive pardon.

In full disclosure, expungment/expunction is akin to a pardon's brother-in-law, clemency.

Clemency is an act declared the by the governor of a state, or the president of the United States which extends mercy to a convicted individual. That mercy could be the release of the individual from prison, or a reduction in the time the person was adjudicated to serve.

So, what is expungment?

Expungement was born in the British common law legal system.

An expungement proceeding today is a process whereby, some first time offenders (even 2nd and 3rd)convicted of certain crimes can seek to have records of their conviction sealed, making the records unavailable through the state or Federal repositories.

Now my friend, its the sealing portion that is, to paraphrase a common term; "FAUX LAW".

Yes, you can spend some money, complete the process; but don't expect your prior misdeeds to REALLY get sealed.

Yeah I know what the words say, but I also know what the practical application of words do today.

I advise my clients that if you believe an expungment will make you feel better, go ahead and do it.
After all, its NOT my money you're spending to seek the expunction.
I won't take your money seeking an expunction for you, because that would cause me to be a "FAKE LAWYER", as in an unindicted co-conspirator to your fleecing.

Good luck, but after you've obtained your expunction, what is known today, will be known tomorrow.

It might make it harder for someone to find, but if you've ever been convicted, the only antidote to that deadly poison is a FULL EXECUTIVE PARDON.

 

[adjusterjack]

Criminal records always seem to turn up no matter what you do.

Here's the Michigan statute on setting aside convictions. Might also apply to dismissals and other records.

2016 Michigan Compiled Laws :: Chapter 780 - Criminal Procedure :: Act 213 of 1965 SETTING ASIDE CONVICTIONS (780.621 - 780.624)

All I can tell you is this: If you want it done right, hire a lawyer.

 

[themittenabides]

Ah, so it would be a waste of time and money and I will just have to wait the 7 years for it to not show up on the background check.

Thanks for your answers.

 

[army judge]

Ah, so it would be a waste of time and money and I will just have to wait the 7 years for it to not show up on the background check.

Thanks for your answers.

You can wait 700 years, if this country still exists, and your conviction will still be found by someone, especially with government affiliations.

 

[Highwayman]

I was charged with felony assault + a DUI (my 2nd). The felony assault was reduced down to a misdemeanor assault & battery.

So instead of a felony, are you saying you were convicted of two misdemeanors??

 

[army judge]

So instead of a felony, are you saying you were convicted of two misdemeanors??

The conviction means diddly squat, my friend.
Those lesser offense convictions can be the result of a plea, or the trier of fact (usually a jury, sometimes judge deciding in a bench trial) deciding a "lesser or included offense", rather than the offense charged.
Bottom line, that arrest information is maintained deep in the bowels of the FBI.
Sometimes a state judge orders the state agency that maintains similar files to destroy them, but the old FBI stuff remains unaffected.

Translation, expunction is elusive, as in Elvis, unicorn, and Big Foot sightings.

 

[Highwayman]

The conviction means diddly squat, my friend.

Sure, that's understood.

I was trying to get the OP to clarify because that's just the kind of guy I am!

LOL

 

[army judge]

Sure, that's understood.

I was trying to get the OP to clarify because that's just the kind of guy I am!

LOL

Yes, you and are I people guys. LOL