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Detroit Legal Blog

Can I Expunge a Felony in Michigan?

Sep 05, 2018, by Maurice Davis in Felony
A Judge Making a Decision

Having a felony conviction can make life difficult long after the conviction occurs. Employers might be reluctant to hire you, and universities or trade schools might be less inclined to admit you. These are just some reasons you may be interested in whether you can expunge a felony from your criminal record.

Expunging, sometimes referred to as sealing, is the process of setting aside your criminal record. For the most part, you will not have to report a conviction to potential employers if it’s been expunged. It will be hidden from most background checks, and from public view; only the courts and several specific agencies can view an expunged conviction. It is important to understand that not everyone can have their felony set aside. You can only expunge a felony from your record if you meet certain criteria.

For advice or help with expunging your felony, it will be important that you consult a Detroit expungement lawyer who understands the process. Contact Davis Law Group at (313) 818-3238 for a free consultation to see if you’re eligible to have your record expunged.

Am I Eligible to Have My Felony Expunged?y

To have your felony expunged, you must petition to have the conviction set aside. To be eligible to fill out this petition, there are several standards that you have to meet.

For example, according to Michigan law, you are not eligible to have your felony expunged if:

  • You were convicted of a felony, or attempted felony, for which the maximum punishment is imprisonment for life.
  • You were convicted or adjudicated of a traffic offense.
  • You were convicted or adjudicated of a non-traffic offense reportable to the Michigan Secretary of State.
  • You were convicted of a human trafficking offense.
  • You were convicted of felony criminal sexual misconduct or assault with intent to commit criminal sexual misconduct.
  • You are under the age of 24 years old (if you’re applying to set aside a juvenile case).

Your Previous Convictions Affect Your Eligibility for Expungement

You may petition to have your felony expunged provided that:

  • You have been convicted of only one felony.
  • You have been convicted of two or less misdemeanors.

Convictions that were deferred and dismissed are considered misdemeanor convictions for expungement eligibility. You may apply to have your record set aside no less than five years after your conviction. If you were imprisoned or put on parole, you must wait at least five years after your release.

Exceptions to the Expungement Requirements

If you have been convicted of prostitution, you may be exempted from several of the expungement requirements. If your prostitution conviction was as a result of you being the victim of human trafficking, you may be able to have more than one of those convictions set aside. Furthermore, you do not have to wait five years from your conviction; you may apply to have those offenses set aside at any time.

Contact a Skilled Attorney to Determine Your Expungement Eligibility

Talking to an expungement lawyer is the most direct way to finding out if you can get your felony expunged. For help setting aside your Michigan criminal record, contact Davis Law Group today.

Our attorneys have guidance to offer at every step of the expungement process, from eligibility to filing your application. Removing a conviction from your record can immensely ease your future stress. Call us at (313) 818-3238 to discuss whether you can expunge your Michigan felony during a free and confidential case assessment.