Michigan’s new law gives judges the ability to expunge a person’s criminal record even if there are up to two additional minor offenses on it. “Minor offenses” are misdemeanors or ordinance violations for which the maximum permissible punishment does not exceed 90 days and/or $1,000 in fines, and the person was at the time of conviction not more than 21 years old.

Before applying for an expungement under this law, one must wait at least 5 years from the date of sentencing or completion of confinement, whichever is later.  Certain crimes, such as murder, rape, and traffic offenses are not eligible for expungement.

The amendment is intended to help those who may have been convicted of a minor traffic or other minor offense when young and yet later is convicted of a misdemeanor or felony to still apply to have that later offense expunged.  The law recognizes that a conviction can negatively affect one for a lifetime.

Our criminal defense attorneys can help your or your family members take advantage of this new law. If you have any questions about eligibility and petitioning the court to expunge a conviction, please contact our firm.

The new law, Jason explained, stops the overly broad listing of offenders: the all-inclusive, wide scope of the previous rules didn’t allow citizens using the registry to easily differentiate between a 17-year-old “Romeo and Juliet” offender and a 45-year-old child predator.

Under the new law, those who committed less serious offenses may not be listed at all, or may be included on a list that is not available to the general public.

Jason Elmore is a shareholder of McCurdy, Wotila, and Porteous, P.C., and has represented individuals charged with serious crimes, ranging from financial offenses, to sex offenses, to murder. He also has an active civil practice, and has represented parties in cases involving personal injury, wrongful death, real estate, and environmental contamination.

Contact a professional at MWP today if you or a family member needs a criminal defense attorney, or who has a sex offender registration issue.

Wendy answered questions about child custody, parenting time and child support as well as property division and post-judgment of divorce problems.

Wendy Divozzo is a shareholder of McCurdy, Wotila, and Porteous, P.C., and has represented individuals regarding child custody, divorce, prenuptial agreements, and other family law issues. Wendy also has active estate planning and trial practices.

Contact a professional at MWP today if you or a family member have an issue with which you need Wendy’s advice or assistance.

Under the new law, Jason explained, a person convicted of having sex with 13-, 14- or 15-year-old will removed from the sex offender registry, as long as the person wasn’t more than four years older than their partner. Individuals already on the sex offender registry can petition courts to remove their names.

Jason Elmore is a shareholder of McCurdy, Wotila, and Porteous, P.C., and has represented individuals charged with serious crimes, ranging from financial offenses, to sex offenses, to murder. He also has an active civil practice, and has represented parties in cases involving personal injury, wrongful death, real estate, and environmental contamination.

Contact a professional at MWP today if you or a family member needs a criminal defense attorney, or who has a sex offender registration issue.

Corporate Board Member is the leading information resource for senior officers and directors of publicly traded corporations, large private companies, and Global 1000 firms. The quarterly publication, Corporate Board Member magazine, provides readers with decision-making tools to deal with the strategic and corporate governance challenges confronting their boards. Corporate Board Member further extends its governance leadership through an online resource center, conferences, roundtables, and timely research.

David Porteous’s practice with McCurdy, Wotila, and Porteous includes business law, government relations, labor and employment law, and municipal law.

David McCurdy explained how lease terms can affect surface owners’ quality of life, including how close mining operations can be placed to residences and other buildings. David Porteous explained how big the financial stakes are–and why every land or mineral owner should hire a qualified professional to review their lease.

We have represented land and mineral owners for over 30 years. Contact a professional at MWP today to review your lease.

The presentation will draw from Nathan’s experience representing clients in numerous probate matters, including:

• Protective proceedings to authorize special needs plans and long-term care plans;
• Contested guardianships;
• Undue influence challenges to wills and trusts;
• Testamentary capacity challenges to wills and trusts; and,
• Breach of fiduciary duty claims against trustees, personal representatives, and agents acting under a durable power of attorney.

Wading in Blood dedicates a chapter to the 6-week murder trial of Thomas Richardson, where Jason served as Mr. Richardson’s trial counsel.

Jason’s guest appearance is an extension of our Legally Speaking series, in partnership with Northern Michigan’s Fox 32. In Legally Speaking, McCurdy Wotila & Porteous showcases the breadth of expertise at our firm.

Jason Elmore is a partner at our firm, specializing in criminal defense and civil litigation.

At trial, Elmore challenged the state’s interpretation of Michigan’s “computer abuse” statute, MCL 752.795. Elmore reasoned that, before an employee using a computer network can be convicted of making an “unauthorized” access, the employer must set rules and procedures outlining what types of network access are allowed.

After a jury trial, Jason’s client was acquitted of the felony charge, but convicted of the misdemeanor. The Court of Appeals reversed our client’s conviction, agreeing with Jason’s analysis at trial.

The annotation discussing this case can be found in State Computer Law: Commentary, Cases & Statutes, § 7:2207 “Computer abuse” (2009) (KS).