Michigan Expungement FAQMar 29, 2019, by Criminal Defense, Legal Blog in
Having a criminal record can complicate life long after you’ve paid your debt to society. A youthful indiscretion in college, a domestic dispute, or other criminal conviction can haunt you as you try to move forward. Your criminal record may keep you from pursuing certain jobs, being admitted into college, or even bar you from military service.
Fortunately, with the help of the Davis Law Group, you may get a fresh start through having your criminal record expunged. An expungement in MI is a procedure in which your arrest record and criminal conviction are erased. Contact us today at (313) 818-3238 to schedule a free consultation of your case.
FAQ About Michigan Expungement
Commonly asked questions regarding the expungement process in MI include:
1. How do I qualify for expungement?
Many crimes are eligible to be erased from your record, but first, it must be determined if there are any factors that would prohibit your application. For example, if you have a felony conviction, expungement may be an option if five years have passed since the conviction, release from incarceration, or discharge from parole. In addition, to be eligible, you can only have one felony offense, and no more than two misdemeanor offenses.
If your crimes were misdemeanors, you might qualify for expungement of up to two convictions if more than five years have passed since the conviction, release from incarceration, or discharge from parole. You can’t have more than two misdemeanor convictions, and you will be ineligible if you have a felony offense.
Felonies that cannot be expunged include:
- Offenses punishable by life in prison
- Second-degree child abuse
- Criminal sexual conduct
- Human trafficking
2. How long does it take for an expungement?
Besides the five-year waiting period, before you can file your application, it could take several months or more to compile your records, get your hearing date, attend your hearing, and receive the court’s decision. If a previous application was denied, you must wait another three years before attempting to have your convictions set aside. The sooner you start the process, the quicker you may get relief.
Qualifying Automatic Expungements
Effective in April, 2023, there will be an automated system to expunge felony and misdemeanor convictions without filing an application.
Only some convictions are eligible: the same felony convictions excluded above apply with the automated system.
Up to two felony convictions will be automatically expunged, effective 10 years after you were either convicted or released, depending on which is later.
Up to four misdemeanor convictions will be automatically expunged, seven years after sentencing.
3. Can I get an expungement on my own?
Sometimes there are instances where a non-lawyer can handle certain legal matters with some assistance from online forms. Criminal matters are serious business, and therefore should not be handled on your own.
Because Michigan expungement law is complex, consulting an experienced Michigan criminal defense lawyer is a good idea. Too much relies on getting your record erased, and a mistake might lead to a denial.
4. Why are expungement applications denied?
Michigan expungement applications are denied for a variety of reasons. For example, if you apply for an expungement for human trafficking, your request will be denied. Applications can also be denied based on failure to provide the necessary records, or not showing up to the expungement hearing.
Keep in mind, too, that having your conviction erased is not a right, but a privilege. Even if your crime is covered by the statute, you waited the appropriate length of time, and you provided all the documents, you can still be denied a Michigan expungement. Judges have the discretion to deny the application if the court thinks setting aside the conviction isn’t in the best interest of the public welfare, you’ve violated probation, or not paid your fines.
Contact a Michigan Criminal Defense Lawyer for Help
Employers, landlords, school admissions officers, and licensing officials are just a few of the groups that can require you to submit to a criminal background check. If you believe your convictions are keeping you from putting the past behind you, contact Davis Law Group for a free evaluation to determine if a Michigan expungement is available in your case.
To learn more, contact us today at (313) 818-3238.