Why would you need to have a criminal record expunged?
Expungement is a very exciting idea for people whose lives are burdened by the weight of a criminal record in Michigan. The ramifications are huge for so many aspects of life! Think about your job. Having your earning potential dictated to by a poor choice you made decades ago can be devastating. Especially when it holds you back from achieving your potential.
Getting a better job isn’t the only part of life potentially affected, though. A criminal record can affect your chances of getting financial aid for schooling, professional licenses for careers. Even living in certain housing can be impacted by a criminal record. There’s also limitations on your right to carry a gun and to vote. But what if you could get rid of it? What if you could clear your public Michigan criminal history and start life fresh?
Information about Michigan expungements
According to Michigan law, certain people who have been convicted of a crime may apply to the convicting court to have their public criminal record expunged. This means that the public record of your conviction is expunged. It does not mean that all record of your conviction is expunged. Courts, government and police will still be able to see your conviction even if it is expunged from public viewing.
In order for a Michigan court to grant your request to expunge, the crime/conviction in question has to meet certain criteria. Also, it’s important to note that Michigan courts can only expunge Michigan convictions. They cannot expunge federal convictions, or convictions from other states. In addition, Michigan law places strict limits on the number of convictions that can be expunged. Read more about the specifics here: https://aggressivecriminaldefense.com/expungement.html
Convictions for certain crimes in Michigan will disqualify you from being eligible for expungement! These crimes include:
- A felony for which the maximum punishment is life imprisonment or an attempt of such a felony (this includes Criminal Sexual Conduct in the First Degree and other crimes)
- Child Abuse in the Second Degree
- Possession of child sexually abusive material (Child Pornography)
- Using a computer to commit certain crimes
- Criminal Sexual Conduct in the Second Degree
- Criminal Sexual Conduct in the Third Degree
- Assault with Intent to Commit Criminal Sexual Conduct
- Traffic offenses, including operating while intoxicated
- Felony conviction for domestic violence, if there is a previous misdemeanor conviction on your record for this same crime.
- Acts of terrorism
- Human trafficking
What is the process for expungement in Michigan?
In order to apply for an expungement in Michigan, your attorney will need to fill out a petition and file it with the court. The court may also require other documentation. This could include a fingerprint card for the state police, a certified copy of your conviction record, and the name and address of the prosecutor involved in your case.
In addition to these restrictions, if you served time in prison, you’re required to wait five years after your release before you can apply for expungement. If you didn’t serve time in prison, other waiting periods may apply. Talk to your attorney about this. They should be able to explain it in detail.
Your attorney will also know the right number of copies of your application you’ll need to file, and exactly what will be required by the court. You’ll have a hearing where your lawyer will have to explain to the judge why the court should agree to expunge your public criminal record. If there were any victims who were harmed by your crime, they’ll have the right to appear in court and argue against your expungement. Law enforcement officials also have the right to argue against you application, or support it.
What to do if you’re considering expungement…
If you’re considering having your Michigan public criminal record expunged, or are curious if you or a loved one are eligible for expungement, call our offices and talk to one of our experienced attorneys today. The attorneys at The Kronzek Firm have spent decades fighting for the rights of people in Michigan, and protecting the futures of individuals and families. Call us today at 866 766 5245. We’re here to help you.