Having your record expunged may take time and effort, but the results will change your future!
Thanks for joining us one last time to wrap up the topic of expungement of criminal convictions here in Michigan. If you’re just finding this blog series now, we recommend you spend a few minutes catching up. If you’ve been with us from the star, let’s dive right in…
Is there a difference between sealed and expunged records?
Expungement is very similar to having a person’s criminal records sealed from public viewing. What this means is that either specific parts, or all, of a criminal record will be unavailable to the public. Technically, there is a difference though. While a sealed record means that the record still exists but cannot be viewed by the public without a court order, an expunged record is not available for viewing by the public even with a court order. Sometimes however, people use the term “expunged” to incorrectly refer to sealed records.
Court documents for expungement must be done properly
Once you’ve met all of the criteria for expungement in Michigan, and your crime isn’t one of those that disqualifies you from being eligible, you and your attorney will work together asking to get your criminal record expunged. Usually, the process of expunging a criminal record involves drafting the correct documents, getting the court documents pertaining to the original case, and then filing the petition with the court. In most courts, this can be somewhat time consuming and confusing. After that, serving the papers to the correct parties is also quite confusing to many people.
Please note that if your paperwork is drafted incorrectly, any required information was left out, or the petition was not submitted properly, the court will consider your request invalid. However, if you invest in an experienced attorney who will ensure that your paperwork is properly filed, then the court will consider your application. This involves weighing your “circumstances and behavior” against the “public welfare.”
Your lawyer will have to prove to the court that you deserve expungement
What this means is that it falls to you and your knowledgeable attorney to prove to the court that you deserve to have your criminal record erased from public view. You will have to show the court evidence that your actions and behavior from the date of the conviction until the time of the application, are those of a law abiding citizen. According to Chuck Kronzek, who has handled numerous expungements, “You will have to prove that all of your actions and choices have been consistent with the goals of being a law abiding, productive citizen, and that you warrant the expungement of a criminal conviction.”
If the court denies your petition, you may not file another petition about the same criminal conviction for three years after the date of the denial. The only exception to this rule is if the court specifically names an earlier date. If however, your petition is granted, you will have the benefit of being able to legally and rightfully claim that you do not have a criminal record.
Having your record expunged is life changing!
Although seeking an expungement can be a time consuming and somewhat costly process, the benefits can be enormous! Being able to tell a prospective employer that you don’t have a criminal record can have a significant impact on whether or not you are likely to get the job. You may also be eligible for student loans that were previously unavailable to you, and also for financial assistance with housing.
In addition, you may also be eligible for a significant number of professional licenses that you might have been denied, had you been on record as a convicted criminal. Careers like being a registered nurse or registered public accountant may now be viable options. You should also now be able to volunteer at your children’s school, where running a background check is becoming more commonplace. Let us help you prepare for a better future.
If you are considering asking to have your Michigan criminal record expunged, but aren’t certain if you are eligible, please download our expungement information form. By filling it out and submitting it, we will be able to determine whether or not you are eligible for a petition for expungement in Michigan. From there, we can assist you throughout the process and ensure that your petition is always correct, you have the documentation you need, and that everything is filed correctly with the court. It may seem like a lot, but it’s one of the best investments in your future you could possibly make!