How can I help my daughter get a misdemeanor off her record?

Asked on Aug 02nd, 2011 on Criminal Law - Michigan
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I just found out that my daughter was charged with a Fraud in the 3rd degree (which took place 1 1/2 years ago), MCL Sentence which was dismissed. She was very poor at the time but she had no excuse. She recently wanted to join her brother and sister who are missionaries in Korea but was not allowed to go for this report still appeared on the FBI File. How can we help her get this off her record.
Answered on Aug 24th, 2011 at 5:08 PM
If the charge was dismissed, then that will not appear on her public record as there was no conviction. However, if the FBI contains it as an arrest and charge there is nothing that can be done about that as she was arrested and charged. However, I can't imagine something like this, particularly when there was no conviction, of stopping someone from becoming a missionary.

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Answered on Aug 05th, 2011 at 11:06 AM
You say that at sentence the matter was dismissed. If so there is no conviction. Get a copy of the order of dismissal from the court to show that there is no conviction.

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Answered on Aug 05th, 2011 at 5:15 AM
Michigan Compiled Law (hereinafter referred to as MCL) 780.621 provides that a person may apply to have a conviction set aside if certain conditions are satisfied and if said person has only one prior conviction.You must wait at least 5 years after the sentencing to be eligible for an expungement. An order setting aside a conviction is a privilege and not a right.A court may set aside a conviction if (1) the circumstances and behavior of the applicant since the date of the conviction warrant the requested relief and (2) the setting aside of the conviction is consistent with the public welfare.MCL 780.621(9). The threshold requirement for taking advantage of the expungement act is that the applicant must have been convicted of not more than one offense. People v. McCullough, 221 Mich.App. 253 (1997). The purpose of the act is to expunge the entire criminal record of one-time offenders. Thus, only those persons whose criminal records are blemished by a single conviction for a single crime ... committed on a single occasion meet the threshold requirement and are eligible for expungement. The analysis and consideration a request for an expungement motion should be based solely on the circumstances and behavior of the defendant and not solely upon other factors set forth in the statute.People v. Rosen, 201 Mich.App. 621 (1993).The Michigan Court of Appeals has interpreted the statute as establishing a balancing test between a defendant's circumstances and behavior subsequent to the conviction and the public welfare.

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Answered on Aug 04th, 2011 at 10:35 AM
Assuming this is her only conviction, she could seek an expungement from the court after 5 years have past from date of conviction. If the charge was dismissed, then depending on how it was dismissed, she may be able to seek destruction of her fingerprints and arrest record. Without knowing how the matter was resolved, I cannot state that a destruction would be possible.

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Answered on Aug 04th, 2011 at 8:40 AM
After five years from the date she got off probation she will be eligible for an expungement.

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Answered on Aug 04th, 2011 at 8:09 AM
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