People v. Upshaw

This is an appeal by the plaintiff from a visiting Detroit Recorder’s Court Judge’s order granting defendant’s motion to dismiss his case and expunge his record.

The defendant was charged with two counts of armed robbery, MCL 750.529; MSA 28.797, on October 9, 1976. He pled guilty to unarmed robbery, MCL 750.530; MSA 28.798, on March 3, 1977, and was sentenced to one year’s probation and assessed $100 restitution. In May, 1978, defendant brought a motion to dismiss the case and expunge his record.

There are two procedures by which a criminal record may be expunged. Under the youthful offender…