Thank you for joining us again today, as we look at what an expungement means in Michigan, and what you would need to know in order to pursue it for yourself. In the previous article we discussed exactly how Michigan law defines expungement, which crimes would disqualify you from being eligible for getting your criminal record expunged and what the application process involved.
For those of you whose prior crimes have not disqualified you from applying for expungement, there are still certain criteria you will need to meet in order to request that the court set aside a criminal record. Please note the following:
- You must have only one felony conviction on your criminal record, and no more than two misdemeanors, in order to petition the court to dismiss the felony conviction.
- If you have up to two misdemeanor convictions and no felonies, you can request that the court expunge one or both of your misdemeanor convictions.
- If you were convicted of Fourth Degree Criminal Sexual Conduct before January 14th, 2015, and you have not been convicted of another crime (other than two “minor offenses”) since then, you may ask the court to set aside the conviction.
- As noted in the previous article, five years must have elapsed since the last day of jail, sentence, probation, or discharge from parole, whichever is later.
- A person who was convicted of prostitution may request that the court expunge their record if they were forced into the sex trade as a victim of human trafficking.
It is important to note that the term “minor offense” is very specific in its definition. Under Michigan law, a ‘minor offense’ refers to a misdemeanor or ordinance violation for which the maximum imprisonment doesn’t exceed 90 days, and for which the maximum fine does not exceed $1,000.00. In addition, the law requires that in order for a crime to count as a minor offense, it must be committed by a person who isn’t more than 21 years of age.
When it comes to juveniles applying for an expungement, there are different rules that the court abides by. A juvenile may have adjudications set aside by the court if they have no more than three juvenile offenses on their record. In addition, they may not have any felony convictions on their record. For those of you who are unsure what an adjudication is, it’s simply another way of saying “verdict” or “sentence” which is handed down by the court.
A juvenile adjudication is not the same thing as an adult conviction, and in some cases, it doesn’t even appear on the juvenile’s criminal record. There are, however, certain instances where a juvenile adjudication will be entered into the public record, and in these situations, these individuals may choose to pursue getting that crime expunged from their criminal record. If you are unsure about your juvenile record, we urge you to contact an attorney to assist you.
Join us next time, as we continue this discussion about expungement in Michigan and what it means for you. Until then, if you are considering getting your criminal record expunged, contact the experienced attorneys of The Kronzek Firm. We have spent decades helping the people of Michigan, whether it’s pursuing their future freedom, or moving on from their unwanted past. Call us at 866 766 5245 to talk to an attorney 24/7. We are here to help you too.