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

Changes to Expungement (setting aside convictions) in Michigan law: Wittman Legal

If a person is convicted of certain crimes in Michigan, and a specified amount of time passes where no other crimes are committed, that person can apply to have the conviction set aside. This is a process known as "Expungement"or "expunction."

Michigan law has recently had some changes to its expunction process, as summarized in this article (via Wittmanlegal).

From the article:

Significant January changes included:

- Crimes that were deferred under one of Michigan's deferral statutes (i.e. 7411, HYTA) are now countable as a misdemeanor on your record for the purposes of Expungement.

- Up to two 93-day or 1-year misdemeanors (not just 90-day misdemeanors as in the prior law), may be on your record and still get one felony expunged.

 
- If you have only two misdemeanors on your record (no felonies) you may petition to get one or BOTH of them expunged.