Court: Judge can’t tell state to scrub conviction from file

BAY CITY, Mich. (AP) – The state can yank someone’s driver’s license even if a judge decides to scratch an alcohol-related conviction.

The Michigan appeals court says court cases and the authority of the secretary of state are two separate issues.

In Bay County, a judge ordered the state to change a man’s driving record. He had pleaded guilty to an alcohol-related charge, but that conviction was subsequently erased under a delayed sentencing procedure.

The appeals court says it doesn’t mean the incident didn’t occur. The court says the secretary of state is concerned about public safety.

Spokesman Fred Woodhams says the secretary of state is pleased with the decision. The 3-0 opinion was released Wednesday.

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