Wednesday, June 27, 2018

Q: How do I get rid of a misdemeanor on my record? Michigan law Q &A

Q: I had a conviction in 2008 for a traffic offense. I'd prefer to have that removed from my record, is there a way I can go about this? 

A: Yes, you can do this. The process is called "expungement," or also a "motion to set aside." The relevant law can be found here.

You have to apply for this in the county where the conviction happened. To meet the statutory requirements, it has to be more than 5 years since the offense. If your conviction was a misdemeanor, you can't have more than 2 misdemeanors (and only can set aside one) ; if your offense was a felony, you can't have any other felony offenses.

It does get a little more technical than that, so I hope that your criminal record isn't too involved, and in any case I hope you seek separate legal advice before you request this motion.

It also helps - a lot - to add evidence to your motion of your current good character. In other words, you've learned your lesson, and you are not likely to continue to break laws, and you won't be a concern to the legal system.

You also mention in your question that this was a "traffic offense." I am sorry to say that some types of criminal convictions can't be set aside under the statute, and convictions for drunk driving are one of those - so if you were convicted of impaired driving, operating under the influence, etc., your motion will fail. Again, seek separate legal advice before  you begin, even if you apply for the motion without a lawyer.
Yours,
Nancy

Tuesday, June 26, 2018

State bar reciprocity - what does it mean, what states do it

Imagine you're a lawyer, licensed in one state, and you'd like to move to another state. Or you get a case that is in another state - can you go to set up your practice in a new state, or take the out-of-state case? Possibly yes, if your state has reciprocity with the other.

State bars set their own reciprocity rules. If a state has decided not to reciprocate, then to practice in the "new" state, a lawyer has to take the bar exam for that state.

A good place to start researching this topic is here: Bar reciprocity.com

Keep in mind that the reciprocity process is not over night - anecdotal evidence suggests that the process can take 6 months. So if you're licensed in North Dakota, for example, practice for five years, then apply for reciprocity to Michigan, don't expect to be admitted overnight. Instead, the state bar will let you know in six months.