Expungement Michigan 2020
Note: Because of the volume, we cannot offer free consultations for people with expungement questions. If you need our help, you must read carefully, fill out the form below, and pay the non-refundable fee.
If you want to know if you qualify, read carefully. There are some conditions you must meet:
- You must have only one felony conviction on your criminal record, and no more than two misdemeanors, to ask the court to set aside the felony conviction.
- If you have up to two misdemeanor convictions and no felonies, you can ask the court to set aside one or both misdemeanor convictions.
- If you have been convicted of a violation or attempted violation of fourth-degree criminal sexual conduct before January 14, 2015, you may ask the court to set aside the conviction if you have not been convicted of another crime other than two “minor offenses.”
- Five years must have elapsed since the last day of jail, sentence, probation, or discharge from parole, whichever is later.
Michigan law allows for the deletion of all or part of the criminal record of certain criminal offenders
This is called a Motion To Set Aside A Conviction. There are strict requirements that a person must meet in order to be granted such an expungement.
For purposes of the expungement law, “conviction” is defined as a judgment entered by a court upon a plea of guilty, guilty but mentally ill, or nolo contendere, or a jury verdict or court finding that a defendant is guilty or guilty but mentally ill.
In addition, a deferred or dismissed conviction under certain circumstances, whether a felony or misdemeanor, will be considered a misdemeanor conviction for purposes of eligibility. These include:
- Minors buying or in possession of alcohol
- Admission into drug treatment or veterans treatment court
- Under the Holmes Youthful Training Act Sentencing (HYTA)
- Michigan Domestic Assault Deferral
- First-time drug use or possession discharge (7411)
- Parental kidnapping
- Licensed health professional practicing under the influence of drugs or alcohol
- Other similar laws that provide deferral or dismissal of a misdemeanor or felony
What criminal records can be expunged in Michigan?
However, a person who is convicted of soliciting or engaging in prostitution related crimes may ask the court to set aside the conviction if forced into the activity as a victim of human trafficking. The application may be filed at any time after conviction, for one or more offenses.
“Minor offense” is defined very narrowly under the law. The law states, “minor offense means a misdemeanor or ordinance violation for which the maximum permissible imprisonment does not exceed 90 days, for which the maximum permissible fine does not exceed $1,000.00, and that is committed by a person who is not more than 21 years of age.”
5 years must have passed since the imposition of the sentence for the conviction that the applicants seeks to set aside or 5 years following completion of any term of imprisonment for that conviction, probation or parole, whichever occurs later.
If, and only if, a person meets the above requirements, he or she is then eligible to apply to the court for expungement of his or her criminal record. The lengthy application process involves the gathering and drafting of specific documentation and court records.
Not all criminal records can be expunged
Convictions of certain offenses will disqualify you from being granted an expungement. Those 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 offense, including operating while intoxicated
- Felony conviction for domestic violence, if there is a previous misdemeanor conviction for it
- Acts of terrorism
- Human trafficking enterprises
The benefits of an expungement
An expungement may be the best investment that you could ever make. The benefits include, but are in no way limited to: telling a prospective employer that you have not been convicted of a crime; being eligible for student loans; being eligible for housing assistance; being eligible for more types of professional licenses and certificates; telling friends and family that you have not been convicted of a crime; and to stop fearing or being embarrassed when someone does a background check on you. An expungement eliminates all public records of the single criminal conviction.
Don’t let a criminal conviction be a shadow on your life. By expunging your record, you can legally and honestly say that you have not been convicted of a crime!
How do you apply to have your record expunged?
An application will be considered invalid unless it contains all of the information required by the court. It is important to have attorneys representing you who understand the process of expungement and can work quickly and efficiently to obtain all of the necessary documentation.
Upon a petition to the court, the court will weigh your “circumstances and behavior” against the “public welfare.” In other words, the petitioner has the burden of proving to the court that his or her actions and behavior from the date of the conviction until the time of the application are consistent with the goals of protecting public welfare and warrant the expungement of the criminal conviction. If a petition is denied, you cannot file another petition concerning the same conviction for 3 years from the denial date, unless an earlier date is specified by the court.
Different rules apply when petitioning the court to set aside juvenile adjudications. When a person is found “guilty” of a crime in juvenile court vs. regular, adult court, it is known as a “juvenile adjudication.” It is not the same thing as an adult conviction, and in some cases, the adjudication does not go on the juvenile’s criminal record. However, there are some instances where a juvenile adjudication goes onto a public criminal record, and those people may be interested in obtaining an expungement of their criminal record. Talk to a skilled attorney about the special rules involved in setting aside a juvenile adjudication.
If you are interested in obtaining an expungement:
At The Kronzek Firm, before we take an expungement case, we must determine if the person is eligible to have their conviction set aside. If you are interested in having us determine your eligibility for an expungement, please download the expungement information form, fill out the form completely, obtain a money order or certified check for $90.00 made payable to The Kronzek Firm PLC, and mail the form and payment to:
The Kronzek Firm
420 South Waverly Road, #100
Lansing, Michigan 48917
The $90.00 payment is non-refundable and allows us to spend the time and resources to review your criminal record. If you do qualify for an expungement, you can then hire us to pursue setting aside of your criminal record. Cost for such representation will be determined on a case-by-case basis.
Once we receive your completed form and payment, you will hear from an attorney within 10 business days regarding your expungement request.
Please note: We do not take phone calls on this subject prior to a completed form and payment being received by our office. This $90.00 payment is required to complete the criminal records search to verify that you do qualify for the expungement process.
Our experienced attorneys look forward to reviewing your record to determine whether you qualify to ask the court to eliminate any public record of your conviction!
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