The criminal expungement laws were changed in January 2015. The law was expanded to allow more individuals to expunge criminal conviction records.
In addition, House Bill 4210 was signed into law on September 22, 2016, providing retroactive changes to the MMMA which explicitly allow the use, possession, and manufacture of concentrates and marijuana-infused products. Many of those forced to take a plea deal or otherwise convicted under the defunct interpretation of the Carruthers opinion are eligible for the conviction to be set aside.
The new condition for the Michigan expungement law now permits more individuals the ability to clear offenses from their criminal record. The law is still limited, those who have a couple of criminal convictions are now eligible to apply for a court to have convictions removed. The law allows you to expunge one felony or two misdemeanor convictions. If you have more than the allotted amount, you can never remove any of them.
Some crimes and convictions can never be expunged, such as:
A felony that has a maximum possible sentence of life in prison
An attempt to commit a felony for which the maximum punishment is life in prison
A domestic violence felony conviction if the person had a prior domestic violence conviction
Non-traffic offenses that are reported to the Secretary of State and placed on your master driving History, such as: Minor in Possession (MIP) and illegal drug convictions
Most criminal sexual conduct crimes Serious child abuse All traffic offenses
All terrorism related actions In some cases, courts will allow an individual to set aside an MIP conviction or a illegal drug offense.
Some courts will grant requests while others will not. Even if you are successful in expunging an MIP or an illegal drug offense from the Law Enforcement Information Network (LEIN), the conviction will still appear on your master driving record.
Expungement Criteria. The changes in the law give a opportunity to those convicted of multiple criminal offenses, depending on the number and type of offense.
Felony Convictions To be eligible to expunge a felony conviction: You must not have a total of more than three (3) criminal convictions. Only one can be a felony (a felony conviction is an offense punishable by over a year in prison). Two of the convictions (if any) must have been misdemeanors (punishable by up to a year in the county jail). Five years must have passed from the date you were sentenced, completed probation, were discharged from parole, or were released from imprisonment, whichever occurs last, for the offense you wish to expunge.
Misdemeanor Expungement. To be eligible to expunge a misdemeanor conviction: You cannot have a felony conviction. You cannot have more than two (2) misdemeanor convictions.
Five years must have passed from the date you were sentenced, completed probation, were discharged from parole, or released from imprisonment, whichever occurs later in time, for the offense(s) you wish to expunge.
The law allows an applicant to request that one or both of the misdemeanors be expunged. The law now allows an applicant who was unsuccessful in an earlier expungement application to wait three (3) years from the date of the denial and re-petition for expungement. The court that denied the initial petition can also specify a shorter time than the 3 years.
If you meet the conditions listed above and your offense is eligible. You may file a petition in the same court where you were sentenced. Prior to filing a petition, realize that expunging a criminal offense is not a right, but a conditional privilege. The court has the entitlement to either award or deny your request. The court will review several things like the type of crime, the conditions, your age, and what you have done since.
Komorn Law can assist you through the process, and if viable, expunge a conviction that may be impeding your career or life. Contact us for a case evaluation at 800-656-3557
Komorn Law – Providing legal representation, consultation, and education for cannabis business development, as well as other legal services for patients, caregivers, physicians and business owners in the medical marijuana community.
Police agencies around the state have developed policies regarding seizure and forfeiture of assets belonging to patients and caregivers they find in technical violation of the MMMA. Many times, the prosecutor’s office will not bring criminal charges, and instead penalize the patient or caregiver through forfeiture of their property.
In addition, Michigan’s civil forfeiture laws are ripe for law enforcement and court abuses, leaving those whose property has been seized for civil forfeiture with few good options.
Komorn Law can assert your protections under the medical marijuana act or other statutes and demand the return of your property.
The Michigan Legislature has spent three sessions attempting to pass dispensary legislation, and finally on September 14, 2016, succeeded; the Governor signed the bills on September 22, 2016. Komorn Law helps you position your business to take maximum advantage of new regulations and protections.
Komorn Law guides its clients through the often confusing process of establishing a medical marijuana business with a solid legal foundation. The bills which became law on September 22 are House Bill 4209 (the medical marihuana facilities licensing act), House Bill 4210 (amendments to the medical marihuana act), and House Bill 4287 (the marihuana tracking act).
Both for-profit and non-profit corporations and partnerships can benefit from the services provided by Komorn Law, and by a network of trusted professionals for tax, accounting, construction, and real-estate services.
Contact us for Business Consultation at 800-656-3557
Michigan Law provides police with a wide range of powers during roadside stops. Komorn Law has the experience, knowledge, and skill to balance those powers and preserve your rights in the courtroom.
Our firm aggressively defends all aspects of traffic law, from simple civil infractions to more serious alcohol and drug-related offenses. We diligently investigate all aspects of the incident from the initial stop through the arrest in order to most effectively defend your case. Click here for a break down of Michigan’s Criminal Penalties for DUI Offenses
If you have been charged with a DUI First Offense, the penalties can be severe. Certain Judges from various counties have made it their policy to come down hard on drunk drivers, sending first offenders to jail. If you have been charged with a DUI, it is important that you have an attorney with over 20 years of experience on your side.
The Judges and prosecutors you face will not be lenient and before you take a deal that suspends your license, forfeits your car, and sends you to jail, it is important that you consult with an attorney who has successfully handled dozens of DUI cases over the past 20 years.
Komorn Law thoroughly reviews and scrutinizes all aspects of your case, including PBTs, sobriety tests, and BAC tests in order to protect your 4th, 5th, and 6th Amendment rights. Sobriety and BAC tests are not fail proof and it is entirely possible to have your case dismissed without penalty based on those two elements alone.
License Restoration and Traffic Offenses
In Michigan, driving is a privilege, not a right. If you are faced with a possible suspension of driving privileges or have lost them outright, Komorn Law will develop a comprehensive legal strategy aimed at retaining or restoring those privileges.
Our outstanding success record has seen thousands drivers regain their driving privileges through a range of measures, including counseling and behavior modification.
We also work to reduce fines and points against your driver license levied in traffic violations.
