Can I have my record sealed?

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Can I have my record sealed?

I was arrested 2 1/2 years ago for felony theft. About 10 months ago I pled guilty to a misdemeanor theft charge and spent 1 year on probation, most of which was served via mail from the state where I now live. I should have used my first offenders rights but was not aware of the option until after the fact. Is there anything I can do to have this removed or sealed? I am unable to find work because of this.

Asked on January 9, 2012 under Criminal Law, Michigan

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

In all cases in this country, a minor who has been convicted of a crime has his criminal file sealed and the file can only be unsealed by court order after due notice has been given. I presume that you were not convicted of a crime when you were a minor.

There is a possibility that you might  be able to get your criminal record expunged. In order to ascertain the likelihood of this and the costs, I suggest that you consult with a criminal defense attorney about the process.

You need to know that not all applications for an expungement are granted by the court. If successful in the application, the conviction for all intents and purposes per court order never happened. Many factors determine the grant of such a motion. It deals with how long ago the conviction was, what it was for, what the person seeking the relief has done since and the reasons for the desired expungement.


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