Criminal Expungement

Criminal Expungement

As we grow up, we can find ourselves in situations that we never expected.   For many of us, we find ourselves worried and anxious over the reality that we have a criminal conviction on our record.  Criminal records are like a wet blanket at a party. Just a mere arrest without a conviction can cause you problems.

However, your criminal record should not stop you from living your best life. It is possible to have a conviction expunged and make all the difference you need to see in your life. Expungement sets aside convictions and has them sealed, so they are not available to the public from that point onwards. With an expungement, the law essentially provides you with a blank slate, especially where your employment requires that you don’t have a conviction on your record.

Circumstances Under Which Expungement is Allowed and Not Allowed

In Michigan, you can petition to expunge one felony if you have no more than two misdemeanors and one felony convictions on your record.  You may also petition to have up to two misdemeanors expunged if you have no felonies.  However, this provision does not apply to people who have been convicted of serious crimes such as first and second-degree murder, armed robbery, criminal sexual conduct, second-degree child abuse, and kidnapping cannot have their records expunged.

Those who have been convicted for violating the Motor Vehicle Code, sexual-related crimes and domestic violence crimes also cannot have their records set aside.

Do You Qualify?

Your criminal offense may qualify for expungement, but at an individual level, there are requirements you must meet before you apply for expungement. They include:

  • A 5-year wait after discharge from probation or parole, imposition of sentence, or completion of a jail sentence (whichever is later).
  • A waived waiting period if you were convicted as a human trafficking victim in a prostitution offense.
  • Not more than two misdemeanors and one felony conviction before your petition.
  • No other adult convictions expunged from your record.

It’s important to note, Michigan’s expungement laws have changed over the years.  Depending on when your conviction occurred, the above rules may not apply. Michigan has also enacted new expungement laws as well, of which most are not yet effective.  For the above reasons, you need a knowledgeable, qualified and experienced attorney to answer all your questions regarding expungement.

Expungement Process

The present expungement process involves intense paperwork. You will interact with the convicting court, the Office of the Attorney General and Michigan State Police throughout the process. A hearing is then held, and the convicting court is then left with the responsibility of determining whether you are eligible for the expungement or not.

Since criminal expungement is not guaranteed, you should have a reliable lawyer by your side to help you handle your case. By having a criminal expungement lawyer by your side, you increase your chances of doing it right the first time.

Reach Out Today

Do not gamble with your criminal record as the consequences can be dire. Take a step today and get a lawyer that can ensure that you do everything right to get the cleanest possible record. There is nothing quite like a second chance in life, but it all starts with one step. Contact our team of legal experts and get your life back today.