State v. Roberts

This is a state’s appeal from an order of a circuit court expunging defendant’s conviction for unlawful delivery of marijuana, a misdemeanor. The state asserts that defendant was not entitled to have the conviction set aside because, within the 10-year period preceding his initiation of expunction, defendant had been convicted of a municipal violation (urinating in public). We agree with the state and reverse.

The facts are straightforward and undisputed. On October 9, 2007, defendant pleaded guilty to, and was convicted of, unlawful delivery of marijuana, an offense that had been charged as a…