The court makes the final decision about whether or not your criminal record can be expunged!
Thanks for joining us again today. We’re looking at what an expungement means in Michigan, and what you need to know to pursue it for yourself. In the previous article we discussed exactly how Michigan law defines expungement, which crimes would disqualify you from the process, and what the application process looked like.
You will need to meet specific criteria for a Michigan expungement
If your prior crimes haven’t disqualified you from applying for expungement, there are still certain criteria you’ll need to meet. Remember, this is a complex process, and the court doesn’t hand out expungements to just anyone. It requires a lot of work by your attorney. That effort is almost always always worth it when you consider your future!
Here are some things you need to know about the process:
- 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 passed since your last day of jail, sentence, probation, or discharge from parole (whichever is later).
- Anyone 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.
What is a ‘minor offense’?
It’s important to note that the term “minor offense” is very specific in its definition. Under Michigan law, a ‘minor offense’ is a misdemeanor or ordinance violation punishable by no more than 90 days, with a maximum fine of no more than $1,000.00. In addition, the law says that in order for a crime to count as a minor offense, it must be committed by a person who is 21 years old or younger.
When it comes to juveniles applying for an expungement, there are different rules that the court follows. A juvenile may have adjudications set aside by the court if they don’t have more than three juvenile offenses on their record. Also, they can’t have any felony convictions on their record. In case you’re wondering what an adjudication is, it’s just another way of saying “verdict” or “sentence” handed down by the court.
What about juvenile adjudications? Are they different?
A juvenile adjudication is not the same thing as an adult conviction. In some cases, it doesn’t even appear on the juvenile’s criminal record. There are, however, certain situations where a juvenile adjudication will be entered into the public record, which is often when people choose to pursue getting that crime expunged from their criminal record. This is an issue that should be discussed between you and your attorney before petitioning the court.
Join us next time, as we wrap up this discussion about expungement in Michigan. If you or a loved one are thinking about getting your criminal record expunged, contact the experienced attorneys of The Kronzek Firm. We’ve 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.