The State of Michigan provides some individuals the opportunity of having a prior conviction set aside. Michigan has had a Set Aside Law for many years. However in 2011 the law was revised and some changes were made. As of the 2011 changes the minimum requirements are:
- The individual applying may only have been convicted of 1 offense, with a limited exception; a person may have been convicted of 1 or 2 minor offenses. A “minor offense” is one where the maximum punishment doesn’t exceed 90 days in jail and a $1,000 fine.
- The offense committed cannot have been a felony or attempt to commit a felony for which the maximum punishment is life in prison, or a violation of the criminal sexual conduct statutes.
- Five years must have passed following the sentence, or if the individual was convicted to time in prison following the completion of their imprisonment.
The procedure involved to set aside a conviction is very particular, and it is advisable to consult with an attorney when beginning the process.
If you have any questions about filing a motion to set aside conviction, its requirements or process, please feel free to contact Hills at Law, P.C. today for a free initial consultation.
Michael D. Hills