Detroit & Michigan Felony and Expungement Lawyer and Attorney
Expunge Your Michigan Felony or Michigan Misdemeanor

Getting an expungement for an offense that was reported to the Secretary of State
CM had retained me to try and expunge her record. She had previously petitioned the Court to expunge her conviction for manufacturing and distribution of marijuana which was denied. It was her only criminal conviction. The Court in denying her application cited a section of the Motor Vehicle Code, MCL 257.732, section 22, that preludes the Court from setting aside a conviction where that particular conviction also included notification (abstracted) to the Secretary of State, (SOS).

MCL 257.732, section 22 of the Motor Vehicle Code requires the SOS to maintain and abstract certain convictions, such as possession of a controlled substance. It further states that the Court shall not order the "expunction" of any of the offenses that do get abstracted.

Yet under the MCL 780.621, et seq., if you have no more than one conviction, five years have passed since the conviction or release from incarceration, and that conviction is not a prohibited offense, you are eligible to expunge or set-aside that conviction. Prohibited offenses include Criminal Sexual Conduct (CSC), a conviction where the penalty could be life in prison and traffic related offenses such as drunk driving.

Looking at both MCL sections, it would appear there is a conflict. MCL 780.621 allows for expungement and enumerates those crimes that cannot be expunged. On the other hand, MCL 257.732 suggests that certain other crimes be added to that list such as a drug crime conviction that is abstracted to the SOS.

In January 2009, the Court in People v Droog, 282 Mich App 68, 761 NW2d 822, looked at this issue and reversed the trial court’s decision to deny a petitioner’s application for an expungement based solely on the provision of the Michigan Vehicle Code that states that “a court shall not order expunction of any violation reportable to the Secretary of State” MCL 257.732(22). The Court held that that section does not apply to the setting aside of a conviction under the Code of Criminal Procedure.

As such the Court held, that while the SOS could not be ordered to remove an offense on one’s driving record per MCL 257.732(22), this section did not preclude expunging a criminal record that was not expressly enumerated in the section that governs the setting aside of a criminal conviction.

If you have been denied an expungement because the offense was abstracted to the SOS, call the Law Office of James G. Schmier, PLLC for a no-cost initial consultation to discuss your options expunge your criminal record.

The Law Office of James G. Schmier, PLLC is a Criminal Defense, Drunk Driving DUI and Family Law and Divorce law firm and provides legal representation in Wayne County, Oakland County, Macomb County and throughout Michigan including these Michigan cities:

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The Law Office of James G. Schmier, PLLC
Criminal Defense, Drunk Driving DUI Defense and Family Law Divorce Attorney
(248) 705 3742