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MI101

Junior Member
What is the name of your state (only U.S. law)? Michigan

Crime: Domestic Violence
Date: 2000
Age at the time: 18

I hired an attorney in June of 2016 to represent me in court and file the proper paperwork for an expungement. I did everything I was asked for (finger print card and a very short bibliography to read in court). In fact the finger print card was provided the same day since the jail was across the street.

I waited until September before reaching out for a status update. I called and left a message with his secretary 4 times over the course of a two week period. None of my phone calls were returned. I had to take a half day off work and drive to his office just to get a status update. I was informed he was waiting on a reply from the Michigan State Police, and the process was taking longer than normal. He chalked it up to the State Police being overworked but he would call and see what the holdup was...fair enough.

Here are now, mid-November of 2016. I have not received a single update from my attorney. I don’t know what the heck is going on but I’m at my wits-end and ready to terminate everything.

How long does an expungement in the state of Michigan take? What questions can I ask my attorney (although I'll have to do it in person since he can't return a phone call) and what further actions can I take to expedite this process? I’m beginning to question if he forgot to file the paperwork and the process never started until September… Something doesn’t seem right.

It’s been 6 months…
 


justalayman

Senior Member
Ok, just to be certain, since you are seeking expunction, you must not have been offered a deferral under mcl 769.4a. Would that be correct? If so, were you eligible for referral under
Mcl 769.4a? If not, why?


Did you provide the $50 payment required for the state police?

Other than that, yes, it seems excessive for the state police to take in excess of 6 months to perform what is required of them.

9) The applicant shall submit a copy of the application and 1 complete set of fingerprints to the department of state police. The department of state police shall compare those fingerprints with the records of the department, including the nonpublic record created under section 3, and shall forward an electronic copy of a complete set of fingerprints to the federal bureau of investigation for a comparison with the records available to that agency. The department of state police shall report to the court in which the application is filed the information contained in the department's records with respect to any pending charges against the applicant, any record of conviction of the applicant, and the setting aside of any conviction of the applicant and shall report to the court any similar information obtained from the federal bureau of investigation. The court shall not act upon the application until the department of state police reports the information required by this subsection to the court.

As to what you can do to expedite the process; not much. You can't make your attorney do anything any faster.
 

quincy

Senior Member
What is the name of your state (only U.S. law)? Michigan

Crime: Domestic Violence
Date: 2000
Age at the time: 18

I hired an attorney in June of 2016 to represent me in court and file the proper paperwork for an expungement. I did everything I was asked for (finger print card and a very short bibliography to read in court). In fact the finger print card was provided the same day since the jail was across the street.

I waited until September before reaching out for a status update. I called and left a message with his secretary 4 times over the course of a two week period. None of my phone calls were returned. I had to take a half day off work and drive to his office just to get a status update. I was informed he was waiting on a reply from the Michigan State Police, and the process was taking longer than normal. He chalked it up to the State Police being overworked but he would call and see what the holdup was...fair enough.

Here are now, mid-November of 2016. I have not received a single update from my attorney. I don’t know what the heck is going on but I’m at my wits-end and ready to terminate everything.

How long does an expungement in the state of Michigan take? What questions can I ask my attorney (although I'll have to do it in person since he can't return a phone call) and what further actions can I take to expedite this process? I’m beginning to question if he forgot to file the paperwork and the process never started until September… Something doesn’t seem right.

It’s been 6 months…
Because yours was a domestic violence crime, there will be victim notification. The victim will be sent a copy of your application. This can delay the process.
 

justalayman

Senior Member
Because yours was a domestic violence crime, there will be victim notification. The victim will be sent a copy of your application. This can delay the process.
But he is waiting for the state police to fulfill their requirements. It's been 6 months since the attorney supposedly sent the app to the police with no response from the police.
 

quincy

Senior Member
But he is waiting for the state police to fulfill their requirements. It's been 6 months since the attorney supposedly sent the app to the police with no response from the police.
Typically, the application is presented to the court clerk and a hearing date is requested at that time. The hearing date is filled in on the application by the court clerk and this hearing date needs to be filled in by the applicant on the copies sent to the Michigan State Police, the Attorney General and the prosecuting attorney.

Upon receipt of the documents, the prosecuting attorney will send a copy of the application to the victim.

With the documents sent to the Michigan State Police (the application, a certified copy of the judgment), there should also be the fingerprint card and a check made out to the State of Michigan.

Proofs of service should be filed with the court.

Although it seems reasonable to expect the attorney to respond, if there is a question about the delay, the court clerk would probably be the best one to contact. MI101 can ask the court clerk if proofs of service were filed and if a hearing date has been scheduled.

I still think the delay might be in the prosecutor's office with the victim notification, but that is just my feeling.
 

MI101

Junior Member
Ok, just to be certain, since you are seeking expunction, you must not have been offered a deferral under mcl 769.4a. Would that be correct? If so, were you eligible for referral under
Mcl 769.4a? If not, why?


Did you provide the $50 payment required for the state police?

Other than that, yes, it seems excessive for the state police to take in excess of 6 months to perform what is required of them.




As to what you can do to expedite the process; not much. You can't make your attorney do anything any faster.
I have no idea what a deferral under mcl 769.4a is. But, I have a consultation with a new attorney today and I'll bring this up.

I would imagine the $50 payment was part of the $800.00 payed upfront. I could very well be incorrect on this. But, this was not mentioned.

As noted above, I have a 2:30 consultation today with a new attorney. I tried to reach out to the original attorney (in person) again on Thursday, January 26, 2017. The Secretary informed me that my attorney was in a meeting and took down my name and phone number. As of this writing, I have not heard back...
 

quincy

Senior Member
I have no idea what a deferral under mcl 769.4a is. But, I have a consultation with a new attorney today and I'll bring this up.

I would imagine the $50 payment was part of the $800.00 payed upfront. I could very well be incorrect on this. But, this was not mentioned.

As noted above, I have a 2:30 consultation today with a new attorney. I tried to reach out to the original attorney (in person) again on Thursday, January 26, 2017. The Secretary informed me that my attorney was in a meeting and took down my name and phone number. As of this writing, I have not heard back...
It is good that you are speaking with a new attorney. Thanks for the update. Good luck.
 

MI101

Junior Member
It is good that you are speaking with a new attorney. Thanks for the update. Good luck.
Thank you.

My new attorney will be requesting a refund for any remaining funds and a transfer of the case files.

The bad news: It's an additional $1,750... But, I suppose you get what you pay for though. Lesson learned.

I'll keep you posted on how much of that $800 I have coming back.:mad:
 

quincy

Senior Member
Thank you.

My new attorney will be requesting a refund for any remaining funds and a transfer of the case files.

The bad news: It's an additional $1,750... But, I suppose you get what you pay for though. Lesson learned.

I'll keep you posted on how much of that $800 I have coming back.:mad:
I am a bit surprised by the cost but I guess it is what it is. It would be nice if you could post back with an update. Good luck.
 

MI101

Junior Member
Silly question

I wasn't a fan of the price either. He is a well known attorney and I've used him in the past with fantastic results.

I was in for a slight surprise AFTER I paid in full today. It's now on me to contact my old attorney and request a refund... Great!

My emotions lead to some minor typos when I wrote the Notice of Release (emailed and a hard copy was sent via certified mail). I'm kicking myself for being so stupid and not proof reading this. I had 15 minutes to write this out, email it, and then run a hard copy to the post office before they closed.


Besides embarrassing myself, can this honest mistake lead to any unforeseen complications?

Typos are in bold

Note: For the record, the correct address was printed on the envelope :)
NOTICE OF RELEASE OF LEGAL COUNSEL

Febuary, 27, 2017
Office of **************.
**************.
**************. 48133 (should be 48161)

To ...... . .....

Mr. **************,
Please accept this letter as formal notice that you are hereby released from any obligation and or contract to litigate on my behalf or to represent me as legal counsel, effective immediately.
Please forward a final accounting of fees along with any and all records, transcripts, and documents relating to my case to:
**************.
**************.
**************.

Please return any unused funds to my home address.
Thank you in advance for your cooperation. If you have any questions, please contact me at once.

Sincerely,
**************.
**************.
**************.
**************.
 

quincy

Senior Member
I wasn't a fan of the price either. He is a well known attorney and I've used him in the past with fantastic results.

I was in for a slight surprise AFTER I paid in full today. It's now on me to contact my old attorney and request a refund... Great!

My emotions lead to some minor typos when I wrote the Notice of Release (emailed and a hard copy was sent via certified mail). I'm kicking myself for being so stupid and not proof reading this. I had 15 minutes to write this out, email it, and then run a hard copy to the post office before they closed.


Besides embarrassing myself, can this honest mistake lead to any unforeseen complications?

Typos are in bold

Note: For the record, the correct address was printed on the envelope :)
These typographical errors should not be a problem.
 

MI101

Junior Member
I am a bit surprised by the cost but I guess it is what it is. It would be nice if you could post back with an update. Good luck.
Well, if I pay the additional $750.00 that was asked for by this Friday, March 22nd, my total investment with the new attorney will have ballooned to $4000.

I'm ready to walk, and I may very well do this.

$800.00 for initial attorney.
- refunded full amount.

$1750 for new attorney
$1500 more because he found a minor consumption city ordnance violation.

$750 (verbal request) to submit and "track" the Stipulated Order Setting Aside Conviction for the minor consumption Lansing MI.

I until Friday to pay.
 

MI101

Junior Member
Well, if I pay the additional $750.00 that was asked for by this Friday, March 22nd, my total investment with the new attorney will have ballooned to $4000.

I'm ready to walk, and I may very well do this.

$800.00 for initial attorney.
- refunded full amount.

$1750 for new attorney
$1500 more because he found a minor consumption city ordnance violation.

$750 (verbal request) to submit and "track" the Stipulated Order Setting Aside Conviction for the minor consumption Lansing MI.

I until Friday to pay.
Correction:

$1500 more because he found a minor consumption (alcohol) city ordnance violation in (yr 2000) and a driving with expired vehicle registration (yr 2000)

The minor consumption police report states that I was released at the scene. No citation is noted. My two friends were arrested and cited though (citation #s were noted in the report as well) - I don't recall ever going to court this.....

I can attach the police report and the Stipulated Order Setting Aside Conviction if that even matters at this point.
 

quincy

Senior Member
Correction:

$1500 more because he found a minor consumption (alcohol) city ordnance violation in (yr 2000) and a driving with expired vehicle registration (yr 2000)

The minor consumption police report states that I was released at the scene. No citation is noted. My two friends were arrested and cited though (citation #s were noted in the report as well) - I don't recall ever going to court this.....

I can attach the police report and the Stipulated Order Setting Aside Conviction if that even matters at this point.
You had an alcohol consumption violation as a minor in 2000? That can be problematic.

I cannot tell you whether what you are paying the attorney is reasonable or not. I have no idea how much time the attorney (either your first attorney or your second attorney) has spent working on your behalf. It is ultimately up to you how much you feel the expungement is worth.

Thanks for the update, MI101.



(attachments are not allowed on this forum)
 

MI101

Junior Member
You had an alcohol consumption violation as a minor in 2000? That can be problematic.

I cannot tell you whether what you are paying the attorney is reasonable or not. I have no idea how much time the attorney (either your first attorney or your second attorney) has spent working on your behalf. It is ultimately up to you how much you feel the expungement is worth.

Thanks for the update, MI101.



(attachments are not allowed on this forum)
You're welcome Quincy. I appreciate your kind words.

Yes. It's an embarrassing mistake, which I completely forgot about as well.

I do have a question though. Two to be exact.

This may qualify for "D: Not enough information".
1, The additional $750 fee is to submit the court's ruling to Lansing. I would expect this to be a part of the extra $1500. Why would my attorney mail this? Isn't this portion handled by the court?

I want to quote a recent sales pitch when he was hitting me up for the extra $1500.

"These are serious offenses. You're the type of person the police are looking out for. They can see your criminal record. Once they notice the DV charge, they're approaching your car with guns drawn". - factual quote.

2, (after writing the quote, why am I bothering.... sorry, I had an epiphany)

You know what, I've made my decision. Skip the second question.... I'm done. I'll live with the records.
 

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