
    PEOPLE v DUDAS
    Docket No. 72266.
    Submitted February 8, 1984, at Grand Rapids.
    Decided April 17, 1984.
    In 1974, Richard L. Dudas pled guilty in Berrien Circuit Court to a charge of indecent liberties with a female child under 16 years of age and was sentenced to two years probation. Two weeks prior to that conviction, defendant pled guilty to a charge of drunk and disorderly conduct and was sentenced to pay a fine and court costs. In 1983, Dudas made a motion in the Berrien Circuit Court to set aside his conviction of indecent liberties, failing to mention the existence of the drunk and disorderly conduct conviction. The court, William S. White, J., granted the motion and entered an order expunging defendant’s conviction of indecent liberties. The people appeal. Held: The trial court committed error requiring reversal in setting aside defendant’s indecent liberties conviction. The statute governing the setting aside of convictions clearly requires that the offender seeking relief not be convicted of more than one offense.
    Reversed.
    Criminal Law — Convictions — Setting Aside of Convictions.
    A defendant, to be eligible to have a conviction set aside under the statute allowing the setting aside of convictions after five years has passed since the date of conviction, must not have more than one conviction on his record (MCL 780.621[1]; MSA 28.1274[101][1]).
    References for Points in Headnote
    21A Am Jur 2d, Criminal Law § 1021.
    Judicial expunction of criminal record of convicted adult. 11 ALR4th 956.
    
      Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, Paul L. Maloney, Prosecuting Attorney, and John T. Burhans, Assistant Prosecuting Attorney, for the people._
    
      Richard Lee Dudas, in propria persona.
    
    Before: M. J. Kelly, P.J., and R. M. Maher and M. P. Reilly, JJ.
    
      
       Circuit judge, sitting on the Court of Appeals by assignment.
    
   Per Curiam.

The people appeal from the ex-pungement of defendant’s conviction for indecent liberties with a female child under 16 (formerly MCL 750.336; MSA 28.568) pursuant to MCL 780.621; MSA 28.1274(101).

The people contend that defendant’s prior conviction for being drunk and disorderly, MCL 750.167; MSA 28.364, precludes him from obtaining the relief accorded under MCL 780.621; MSA 28.1274(101). We agree.

MCL 780.621(1); MSA 28.1274(101X1) clearly requires that the offender seeking relief not be convicted of more than one offense. MCL 750.167; MSA 28.364 is a 90-day misdemeanor. At the time defendant brought his petition, he did not fulfill the statutory prerequisites. Thus, the trial court committed error requiring reversal in setting aside the indecent liberties conviction.

Reversed.  