Motion / Application to Set Aside Conviction

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:

  1. 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.
  2. 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.
  3. 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.


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