Can my daughter expunge her MIP record from 2004?

Q: How long does MIP stay on record?

A Minor in Possession (MIP) conviction typically remains on an individual's record until it is expunged. In many states, individuals can petition for expungement after a certain period, often five years, provided they meet eligibility requirements. It's important to check the specific laws in your state for exact timelines.

Q: Does an MIP go away when you turn 18?

No, a Minor in Possession (MIP) conviction does not automatically go away when you turn 18. The record remains unless you take steps to have it expunged. Expungement is a legal process that requires meeting specific criteria and submitting an application.

Q: Does an MIP stay on your record forever?

Yes, a Minor in Possession (MIP) conviction can stay on your record indefinitely unless you take action to have it expunged. The expungement process allows eligible individuals to remove the conviction from their record, but it requires meeting certain conditions and waiting periods.

Full question:

My daughter received a MIP in her dorm room in 2004. She was 18. Can she petition to get it removed from her record?

Category: Minors
Date: 04/07/2025
State: Michigan

Answer:

Yes, your daughter can petition to have her Minor in Possession (MIP) record expunged, provided this is her first request for expungement. To be eligible, she must wait at least five years after her conviction or five years after completing any imprisonment related to the conviction, whichever is later.

The application must include:

Her full name and current address
A certified record of the conviction
A statement confirming she has no other convictions aside from the one being expunged
A statement regarding any previous applications for expungement and their outcomes
A statement about any pending criminal charges
A consent for the use of nonpublic records as authorized

She must submit the application, a $50 fee, and two complete sets of fingerprints to the Department of State Police. The Department will compare her fingerprints with their records and those of the FBI. The court will not act on the application until the Department reports the necessary information.

A copy of the application must also be served to the Attorney General and the prosecuting attorney, who can contest the application. If the conviction involved an assault or serious misdemeanor, the victim will be notified and can participate in the proceedings.

If the court finds that her behavior since the conviction warrants expungement and that it serves public welfare, it may grant the request.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Can a MIP be removed from your record?

Yes, a Minor in Possession (MIP) record can be removed through a legal process called expungement. To qualify, the individual must meet certain criteria, including waiting a specified period since the conviction and having no other criminal convictions. The process involves submitting an application and supporting documents to the appropriate authorities.

How long does MIP stay on record?

Does an MIP go away when you turn 18?

Does an MIP stay on your record forever?

How to get a MIP dropped?

To get a Minor in Possession (MIP) charge dropped, you typically need to demonstrate eligibility for expungement. This involves waiting a specified period after the conviction and submitting an application to the appropriate authorities, along with required documentation and fees. Legal assistance may be beneficial in this process.