if a person has had a total of 2 convictions for different offenses, over 15 years ago can the apply?

Question

if a person has had a total of 2 convictions for different offenses, over 15 years ago can the apply?

Answer

I assume you are asking about whether they can apply to set aside ("expunge") either or both of the convictions? The first hurdle has been crossed: the convictions are more than 5 years old. The remaining hurdles are harder to cross based on your limited information. You cannot set aside a motor vehicle code conviction (example: OWI), or a 'life' felony, or CSC 2nd or 3rd degree convictions. The general rule is that if there is MORE THAN ONE prior criminal (felony or misdemeanor) conviction, ANYwhere (Michigan or elsewhere), then you cannot set aside either of them. Sometimes, that 'second' conviction is something relatively minor, like driving without a license, but it's still a second criminal conviction that blocks eligibility to set aside a more serious crime. Those have been the rules for many years in Michigan. But recently, the eligibility rules were relaxed a tiny bit, so now you can one crime if the second/additional conviction is a "minor offense". There is a very specific definition to "minor offense": it had to be (i) a crime occurring when the person was 17, 18, 19 or 20 years old, AND (ii) had a maximum penalty of 90 days or less, or $1,000 fine or less. So, if the extra conviction when the person was 18 years old was to a 93-day misdemeanor, then he'd still be ineligible because he'd have 2 or more convictions; but if the extra conviction when he was 18 yrs old was for a 90-day misdemeanor, then he'd be eligible to apply because that extra conviction would not count as an "additional" conviction. The 'person' you're asking about should consult with an attorney who handles motions to set aside convictions to make sure that a full criminal history and driving record are obtained so the attorney can research whether the person is truly eligible to apply. The dates of the convictions are also important because the defendant's age may be a critical issue ("minor offense" mentioned above). Also, the punishment level on many crimes changed about 10-15 years ago. Today, there are very few 90-day (or less) misdemeanors out there. Most, like A&B, Impaired Driving 1st Offense, Retail Fraud 3rd Degree (shoplifting), etc. are 93-day misdemeanors. But before those changes were made, most misdemeanors were just of the 90-day max variety ... possibly when your person was convicted. So, talk face to face with an attorney, who should order up the criminal record (see MSP's web site, the iChat link), and a driving record, too.