Your Mother Was RIght

Remember when your mother told you that your record would follow you the rest of your life. Well she was right.
I had a client recently who had 49 prior convictions and was recently arrested and charged with another crime, a crime that was not unlike the crimes of which he as convicted before. He was identified from a blurry picture that two police officers from 2 different cities said it was him after seeing the picture.

My client, proclaiming his innocence, was offended stating that it was unfair that he was being charged with the only evidence against him was this blurry picture. I couldn't disagree with him that the picture the officers said was him did not clearly show that indeed it was him but, on the other hand, what did he expect. He had been convicted 49 times of the same crime before, the way the crime was committed was done in the same way he had committed the crimes before, and, so what did he expect? Whether or not he actually committed this new crime was irrelevant, because his prior record and the prior crimes pointed to him.

Which brings me to my point. Your record follows you. And with 49 prior convictions, getting an expungement is out of the question. Under current Michigan Law, if you have 2 misdemeanors you can set aside both convictions 5 years after the end of probation or incarceration. If you have a felony, but also up to 2 misdemeanors, you can expunge the felony but the misdemeanors will remain on you record. And if your crime is driving related, such as driving with a suspended license or drunk/drugged driving, you can never set it aside.

So bottom line, listen to your mom. She rights when she said your record follows you, because it does.