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 up to 3 felonies and unlimited misdemeanors from your record.  The expungement law does have some exclusions, such as as first and second-degree murder, armed robbery, criminal sexual conduct, second-degree child abuse, kidnapping and some other various convictions.

Michigan now allows for most driving offenses to be expunged, including drunk driving (i.e., OWI, DUI, DWI) from your criminal history!

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:

  • Either a 3, 5, or 7 year waiting period depending on the offense that you are trying to have expunged
  • You must not have had any intervening offenses between the date of conviction and the application date.
  • A waived waiting period if you were convicted as a human trafficking victim in a prostitution offense.

It’s important to note that Michigan’s expungement laws have changed over the years.  If you considered expungement in 2019 or earlier and believed you were ineligible, the law has changed drastically and you very well may now be eligible.

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, Michigan State Police, and the original prosecutor’s office that brought your charges 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.  In fact, if you apply for an expungement on your own, and you are not successful, the law generally prohibits you from reapplying for 3 years.  

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.