Expungement of 3rd degree criminal sexual conduct in Michigan

[sam0821]

What is the name of your state? michigan

i have been trying to find out if there is anything i can do to get a first offense 3rd degree criminal sexual conduct off my husband's record. we have read that it can not be expunged, but is there anything we can do? it is keeping him from getting jobs and could possibly keep us from adopting a child. any advice would be welcomed.

 

[JETX]

First, you can forget about adoption. His previous record, expunged or not, will likely prevent any situation where a child would be placed in his 'custody'.


As for the expungement, he can forget about that also. Michican Compiled Laws specifically prevent expungement of certain convictions, including his.
The process (and restrictions) are in MCL 780.621 and can be viewed online at:
http://michiganlegislature.org/law/mileg.asp?page=getObject&objName=mcl-Act-213-of-1965&highlight=

also: http://www.legalwins.com/pages/Michigan_Criminal_Expungement.html

 

[HomeGuru]

What is the name of your state? michigan

i have been trying to find out if there is anything i can do to get a first offense 3rd degree criminal sexual conduct off my husband's record. we have read that it can not be expunged, but is there anything we can do? it is keeping him from getting jobs and could possibly keep us from adopting a child. any advice would be welcomed.

**A: have him move to Mexico.

 

[sam0821]

i already knew it could not be expunged so your reply was not much help. my question was is there anything else we can do. also I don't think that you needed to be rude. this is a place to get advice not to be kicked in the face.

 

[HomeGuru]

i already knew it could not be expunged so your reply was not much help. my question was is there anything else we can do. also I don't think that you needed to be rude. this is a place to get advice not to be kicked in the face.

**A: what do you want us to do? Wave a magic wand and presto his record is clean again?

 

[JETX]

i already knew it could not be expunged so your reply was not much help. my question was is there anything else we can do. also I don't think that you needed to be rude. this is a place to get advice not to be kicked in the face.

*** If you already knew it couldn't be expunged, why did you use "expungement of 3rd degree...." in your subject line??

And if you already knew the answer, why would you ask "was there anything else we can do"??? IF what you HAVE to do is not allowed by law, what the hell other options would you think were available??

No one "kicked you in the face". I told you the absolutely correct LEGAL response to your question. What the hell else were you expecting??

Come on, give us a break. You got an answer that you didn't like, so now try to 'save face' by spinning it like you already knew that!!

Sorry, but all the magic wands in the world will NOT erase your husbands perversion from the record. You picked him, you get to keep him.... baggage and all!

 

[HomeGuru]

The writer's attitude should be expunged in the 1st degree.

 

[sam0821]

i ve found that there is another way to fix his record. ialso just think that before you give a smart ass answer or judge someone you should know all details. like this happened when my husband was 17 and had a 15 year old girlfriend. Which is really common. it's not like he raped her. so maybe next time you could answer people with some sensitivity, especially if it's someone who can't have children and is hoping to adopt.

 

[sam0821]

and if you read my first post you will see i specificly say i have read it cannot be expunged!!!

 

[JETX]

"i ve found that there is another way to fix his record."
*** Yeah, right!!

"Like this happened when my husband was 17 and had a 15 year old girlfriend. Which is really common. it's not like he raped her."
*** Of course not. No matter how you try to 'spin' it to ease your own mind, the bottom line is that he was CHARGED AND CONVICTED of:
750.520d Criminal sexual conduct in the third degree; felony.
(1) A person is guilty of criminal sexual conduct in the third degree if the person engages in sexual penetration with another person and if any of the following circumstances exist:
(a) That other person is at least 13 years of age and under 16 years of age.
(b) Force or coercion is used to accomplish the sexual penetration. Force or coercion includes but is not limited to any of the circumstances listed in section 520b(1)(f)(i) to (v).
(c) The actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless.
(d) That other person is related to the actor by blood or affinity to the third degree and the sexual penetration occurs under circumstances not otherwise prohibited by this chapter. It is an affirmative defense to a prosecution under this subdivision that the other person was in a position of authority over the defendant and used this authority to coerce the defendant to violate this subdivision. The defendant has the burden of proving this defense by a preponderance of the evidence. This subdivision does not apply if both persons are lawfully married to each other at the time of the alleged violation.
(e) That other person is at least 16 years of age but less than 18 years of age and a student at a public or nonpublic school, and the actor is a teacher, substitute teacher, or administrator of that public or nonpublic school. This subdivision does not apply if the other person is emancipated or if both persons are lawfully married to each other at the time of the alleged violation.
(2) Criminal sexual conduct in the third degree is a felony punishable by imprisonment for not more than 15 years."

Yep, looks like you got yourself a real winner there!

 

[hexeliebe]

Anything can be ex-sponged....just use brillo

 

[sam0821]

the record could possibly be pardoned. i don't understand why you must be such a jerk, jet x. people make mistakes, if you haven't then you are full of ****. you need to think before you write. my husband is a great man and yes he is a great catch.

 

[HomeGuru]

the record could possibly be pardoned. i don't understand why you must be such a jerk, jet x. people make mistakes, if you haven't then you are full of ****. you need to think before you write. my husband is a great man and yes he is a great catch.

**A: yes, you are correct. His record could possibly be pardoned. His record must first get down and apologize.

 

[JETX]

"my husband is a great man"
*** Gee, was he the Time 'Man of the Year'?? Did he save someone from a burning building?? Did he finally make the 1000 pint of blood donation?? Did he finally reach that 1,000 hour volunteer level at the community center??
What EXACTLY made him a "great man"??

"yes he is a great catch."
*** Probably the same thing that the officers said to each other when they put the handcuffs on him!!

 

[HomeGuru]

Hahaha.