You’re not the same person you were when you were younger.
You’re not the same person you were when you were younger. Your life, your goals, your friends and you have changed. Yet you have this weight on your shoulders of your past. A lot of it was probably over charged by the “justice” system to take your money to keep the lights on in the court house and control you. Take advantage of the current expungement laws before they change again.
Having a criminal record can significantly impact your life and limit your opportunities, including employment and housing. If you have a criminal record in Michigan, you may be eligible to have it expunged or sealed under certain circumstances.
Expungement is the process of clearing or sealing a criminal record, and it can provide a fresh start for those who have made mistakes in the past. In this article, we will outline the steps to expunge your record in Michigan, including eligibility criteria, the expungement process, and post-expungement considerations.
Expungement is a legal process that allows individuals to have certain criminal records removed or “sealed” from public view. In Michigan, expungement is also referred to as “setting aside” a conviction.
Types of Criminal Records That Can Be Expunged
In Michigan, certain felony and misdemeanor convictions, including traffic offenses, can be expunged. However, some serious offenses such as criminal sexual conduct or some traffic offenses involving alcohol cannot be expunged.
Benefits of Expungement
Expungement can provide significant benefits to individuals by allowing them to have a fresh start. It can improve their chances of securing employment, housing, and educational opportunities. It can also remove the stigma associated with having a criminal record.
Eligibility Criteria for Expungement
Overview of Eligible Offenses
In Michigan, individuals with one felony or two misdemeanor convictions may be eligible for expungement. However, some offenses such as assaultive crimes or serious traffic offenses cannot be expunged.
Waiting Period Requirements
There are waiting period requirements that must be met before an individual can apply for expungement. The waiting periods vary depending on the offense and can range from three to seven years.
Additional Eligibility Factors
In addition to waiting periods, there are other factors that can affect an individual’s eligibility for expungement. For example, the individual must have a clean criminal record after the conviction they want to expunge, and they cannot have more than one felony conviction in their lifetime.
Preparing for the Expungement Process
Gathering Required Information
To apply for expungement, an individual must gather information about their criminal record, including the date of the conviction, the court where the conviction was entered, and the offense they want to expunge.
Obtaining Court Documents
To file the petition for expungement, an individual must obtain court documents related to their conviction. These may include the judgment of sentence or a certificate of conviction.
Consulting with an Attorney
It is highly recommended that individuals seeking expungement consult with an attorney. An attorney can review their case and provide guidance on the eligibility requirements and the expungement process.
To apply for expungement, an individual must complete a petition form and attach all required documents. The form must be completed accurately and thoroughly.
Filing the Petition with the Court
The completed petition form and all required documents must be filed with the court where the individual was convicted. A copy of the petition must also be served on the prosecutor’s office.
Paying Filing Fees
There is a filing fee required to file a petition for expungement. The fee amount may vary depending on the county in which the petition is filed. It is important to note that the fee is non-refundable, even if the petition is denied.
Attending the Expungement Hearing
Expungement is the legal process of erasing or sealing a criminal record from public view. If you’re seeking to expunge your record in Michigan, attending a hearing is a critical step in the process. Here are the steps to follow when attending an expungement hearing for a Michigan criminal record.
Preparing for the Hearing
Before attending the hearing, ensure that you have prepared all the required documents according to Michigan law. This includes a petition for expungement, Michigan State Police criminal history report, proof of service and consent, court fee payment receipt, and any other supporting documents required by the court.
You should also dress appropriately for the hearing to make a good impression. Choose something professional or business casual, avoid wearing anything too flashy or informal, and make sure to groom yourself to look presentable.
Presenting Your Case to the Judge
When presenting your case to the judge, be honest, direct, and respectful. Explain why you’re seeking an expungement and the positive changes you’ve made in your life since your conviction. Provide any evidence that supports your case, such as letters of recommendation, employment history, and education certificates.
Make sure to answer all questions from the judge, prosecutor, or any other party involved with the hearing. Speak clearly and confidently and remember to remain calm and composed throughout the hearing process.
Receiving the Judge’s Decision
Once you’ve presented your case, the judge will make a decision to grant or deny your expungement request. If your request is granted, your criminal record will be sealed or erased. However, if your request is denied, you may need to wait for a specified period before filing for expungement again.
If your request is granted, you will probably receive a discharge order, which will confirm that your conviction has been erased, and you’re no longer required to disclose it to potential employers or landlords.
Post-Expungement Considerations and Benefits
Updating Your Criminal Record
After receiving an expungement, you need to update your criminal record to reflect the change in your status. This means that you’ll need to notify any relevant parties or agencies, such as employers and law enforcement agencies, about the expungement.
Benefits of Expungement on Employment and Housing
Expungement of your criminal record will have a significant impact on your employment and housing opportunities. With a clean record, you’re eligible for more job opportunities and can apply for housing without fear of being rejected due to your criminal history.
Limitations of Expungement
Although expungement can erase or seal a criminal record, it does not mean that the record would be destroyed entirely. The record will still be available to law enforcement agencies, and it may affect your eligibility for certain professional licenses and immigration status.
Common Mistakes to Avoid During the Expungement Process
Filing for Expungement Too Soon
In Michigan, you can apply for an expungement only after five years have passed since your conviction, so filing too soon will result in an automatic denial.
Not Including Required Information on the Petition
Failing to include all the necessary information on your petition for expungement can also lead to a denial. Ensure that you provide accurate and complete information about your conviction, such as the date of conviction, charge, and court location.
Not Disclosing All Convictions
Not disclosing all convictions, even those that have been expunged, can lead to serious legal repercussions. It’s important to be honest and transparent about your criminal record to avoid any legal issues in the future.Expungement can be a life-changing process that provides a new start for those who have made mistakes in the past. By following the steps outlined in this article, you can take the necessary steps to clear or seal your criminal record in Michigan and move forward with your life. Remember to consult with an attorney and gather all required information before filing your petition for expungement. With patience, persistence, and the right guidance, you can successfully expunge your record and open up new opportunities for your future.
FAQ
1. Can all criminal records be expunged in Michigan?
Not all criminal records are eligible for expungement in Michigan. Only certain offenses, such as misdemeanors and some non-violent felonies, can be expunged. Additionally, certain waiting periods and eligibility criteria must be met before a record can be expunged.
2. How long does the expungement process take in Michigan?
The expungement process in Michigan can take several months or longer, depending on various factors such as the court’s schedule, the complexity of the case, and the specific eligibility requirements. It’s important to be patient and persistent throughout the process and to seek the guidance of an experienced attorney if possible.
3. Is it necessary to hire an attorney to expunge your record in Michigan?
While it is not necessary to hire an attorney to expunge your record in Michigan, it is highly recommended. An experienced attorney can guide you through the eligibility criteria and requirements, gather necessary information and court documents, and represent you in court. Additionally, an attorney can help ensure that your case is presented in the best possible light to the judge.
4. Can expunged records be accessed by employers or the public?
Expunged records are generally no longer accessible to the public, including potential employers. However, certain government agencies and law enforcement may still have access to the records, and the record may still appear on certain background checks.
If you or someone you know has been accused of a crime, DUI or Drugged Driving. Call Komorn Law and turn your defense into an offense. Call Now 248-357-2550
DISCLAIMER This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas, private stuff and general internet BS. Therefore…Before you believe anything on the internet regarding anything – do your research on “Official Government and State Sites”, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain. You’re on the internet.
You don’t have to wander alone wondering about your record holding you back. Get it expunged before the laws change…again.
If you have a criminal record in Michigan, it can be challenging to move on with your life. A conviction can significantly limit your employment and housing opportunities, and it can be a constant source of stress and embarrassment. However, many individuals with a criminal past may be eligible for expungement. Expungement is the legal process of removing a criminal conviction from your record, and it can help you move forward with your life. In this article, we will explain the expungement process in Michigan, including eligibility criteria, the application process, and the benefits of expungement. We will also provide helpful tips for avoiding common mistakes during the application process and discuss life after expungement.
1. Understanding Expungement and its Benefits
What is Expungement?
Expungement is a legal process that allows individuals to have their criminal records erased or sealed. This means that the records of the offense will not appear on background checks for employment, housing, or any other purposes. Expungement can greatly benefit people who have been convicted of a crime, as it can provide a fresh start and allow them to move forward with their lives.
Benefits of Expungement
The benefits of expungement are numerous. With a clean record, individuals can apply for jobs without fear of discrimination, obtain loans or housing more easily, and even vote or serve on a jury. Additionally, a clean record can improve an individual’s self-esteem and provide a sense of closure, allowing them to fully move on from their past mistakes.
2. Eligibility Criteria for Expungement in Michigan
Types of Convictions that can be Expunged
In Michigan, certain types of convictions can be expunged, including some misdemeanors and non-violent felonies. However, certain offenses, such as drunk driving and most criminal sexual conduct offenses, cannot be expunged.
Waiting Period for Expungement
In order to be eligible for expungement in Michigan, individuals must wait a certain amount of time after their conviction or release from prison, depending on the type of offense. Misdemeanors require a waiting period of three to five years, while some felonies require a waiting period of five to ten years.
Other Eligibility Requirements
In addition to waiting periods, there are other eligibility requirements that individuals must meet in order to be eligible for expungement in Michigan. These requirements include having a clean criminal record since the conviction, completing all terms of their sentence, and not having any pending charges.
3. The Expungement Process: Step-by-Step Guide
Preparing for Expungement
Before filing for expungement, it is important to gather all necessary documents and information, including court records, police reports, and sentencing information. It can also be helpful to have character reference letters from employers, friends, or family.
Filing the Petition for Expungement
Once all necessary documents have been gathered, individuals can file a petition for expungement with the court where they were convicted. The court will then schedule a hearing to review the petition.
Attending the Expungement Hearing
At the hearing, individuals will need to provide evidence that they meet all eligibility requirements and have been rehabilitated since their conviction. This may include testimony from the individual, character reference letters, and any other relevant evidence.
4. Hiring an Attorney for Expungement
Benefits of Hiring an Attorney
While it is possible to file for expungement without an attorney, hiring a skilled and experienced attorney can greatly increase an individual’s chances of success. Attorneys can provide guidance on the eligibility requirements, help gather necessary documents and evidence, and represent individuals at the expungement hearing.
Choosing the Right Attorney
When choosing an attorney for expungement, it is important to look for someone with experience and knowledge of the expungement process in Michigan. It can also be helpful to read reviews or ask for recommendations from friends or family.
Working with an Attorney
Working with an attorney for expungement can be a collaborative process. Individuals should be prepared to provide all necessary documents and information, and communicate openly with their attorney about any concerns or questions. With the right attorney, the expungement process can be a smooth and successful one.
5. Alternatives to Expungement: Pardons and Set-Asides
When it comes to cleaning up your criminal record, expungement isn’t the only option available. In Michigan, you can also pursue a pardon or set-aside.
What are Pardons and Set-Asides?
A pardon is an official forgiveness for a crime. If you receive a pardon, your conviction will still appear on your record, but it will also show that you were pardoned for the crime. A set-aside, on the other hand, means that your conviction is set aside or overturned entirely. This means that the crime will not appear on your record and you will no longer be considered convicted of that crime.
How to Apply for Pardons and Set-Asides
To apply for a pardon or set-aside in Michigan, you must file a petition with the Michigan Department of Corrections. The process can take several months, so it’s essential to be patient and follow all instructions carefully. You can also seek the help of a criminal defense attorney to assist you with the application process.
Pros and Cons of Pardons and Set-Asides
The biggest advantage of a pardon or set-aside is that it completely removes the conviction from your record, making it easier for you to find employment, secure housing, and obtain credit. However, the process can be complicated, and the chances of success are relatively low.
6. Common Mistakes to Avoid When Applying for Expungement
Applying for expungement can be a complicated process, and there are several common mistakes that people make when trying to clear their records.
Not Understanding Eligibility Requirements
To be eligible for expungement, you must meet specific criteria such as having a clean record for a certain number of years after your conviction. Not understanding these requirements can lead to wasted time and money.
Submitting Incorrect or Incomplete Information
Submitting incorrect or incomplete information can cause significant delays in the application process. It’s essential to double-check all documents and seek professional help if you’re unsure about anything.
Not Seeking Legal Counsel
Expungement laws can be complex and vary by state, so it’s crucial to seek legal counsel from a qualified attorney to help guide you through the process and ensure that your application is complete and accurate.
7. Life After Expungement: How to Move Forward
Once your record is cleared, it’s time to start moving forward and rebuilding your life.
Understanding the Benefits of Expungement
Clearing your record can provide a multitude of benefits, such as improved employment opportunities, increased access to housing, and the ability to apply for loans and credit. Understanding the benefits of expungement can help motivate you to stay on the right path.
Building a Positive Reputation
Now that you have a clean slate, it’s important to maintain a positive reputation. Stay out of trouble and focus on building a healthy and happy life for yourself.
Exploring Job Opportunities and Education
With a cleared record, new job opportunities and educational pursuits may become available to you. Take advantage of these opportunities and work hard to achieve your goals. Remember that your past mistakes do not define you, and your future is entirely up to you.In conclusion, expungement can be a valuable opportunity for individuals seeking to move on from their criminal past in Michigan. By understanding the eligibility requirements, following the correct application process, and seeking legal counsel if necessary, you may be able to expunge your record and enjoy the benefits of a clean criminal background. We hope this article has provided helpful information and tips for navigating the expungement process.
FAQ
Is expungement automatic or guaranteed in Michigan?
No, expungement is not automatic or guaranteed in Michigan. You must meet specific eligibility requirements and follow the correct application process to have your record expunged. Additionally, certain convictions, such as those for violent crimes, are not eligible for expungement.
What are some benefits of having a criminal record expunged in Michigan?
Expungement can provide several benefits, including increased employment and housing opportunities, the ability to obtain a professional license, and improved personal and professional relationships. Expungement can also provide a sense of closure and allow you to move forward with your life without the stigma of a criminal record.
Do I need a lawyer to file for expungement?
While you can file for expungement on your own, it is recommended that you hire an experienced expungement lawyer to guide you through the process. A lawyer can help ensure that you meet the eligibility requirements, accurately complete the application, and present your case effectively during the hearing.
How long does the expungement process take in Michigan?
The expungement process in Michigan can take several months or longer, depending on various factors, such as the complexity of your case, the court’s backlog, and the availability of the hearing. It is essential to be patient and remain proactive during the process, and you may want to consider hiring a lawyer to help expedite the process.
DISCLAIMER In a legal environment that continues to evolve, it is essential to stay informed and seek guidance from knowledgeable professionals. Before acting on any information you find on the internet, this website, any linked website, any referring website or any verbal or written information consult a licensed attorney. Contact Komorn Law today to discuss your case and learn how we can assist you in navigating the complexities of Michigan’s laws. Consult an Attorney – Remember you’re on the internet.
Governor Gretchen Whitmer and Lt. Governor Garlin Gilchrist joined Attorney General Dana Nessel, Secretary of State Jocelyn Benson, Congressman Dan Kildee and Genesee County Sheriff Christopher Swanson in Flint for the state’s first expungement event since the governor signed the Clean Slate bills into law.
During her 2018 campaign, Governor Whitmer made expungement for marijuana convictions one of her key priorities. Upon taking office, Governor Whitmer worked with the Republican-majority legislature to pass crucial Clean Slate legislation that will help thousands of Michiganders gain employment, housing and education.
“Clean Slate legislation is crucial for Michiganders who are seeking opportunities for employment, housing, and more,” said Governor Whitmer. “Expungement is an opportunity to grow our workforce and expand access to job training and education for so many people. Let’s recommit ourselves to empowering every Michigander to pursue their potential as we emerge from the pandemic and turbocharge our economic recovery. ”
DISCLAIMER This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS. Therefore…Before you believe anything on the internet regarding anything – do your research on Official Government and State Sites, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain.
New Criminal Record Expungement Laws in Michigan went into effect on April 11, 2021. The eligibility to get records set aside varies and confuses many of those looking to get it done. The government has released many help programs but it might be wise to have a lawyer assist you.
Criminal record set asides (sometimes referred to as “expungement”) can assist more people to have the opportunity to find jobs and affordable housing. A “clean slate” can help strengthen families, communities, and the chance to make a better life. A study found that those whose criminal records are set aside experience “a sharp upturn in their wage and employment trajectories.”
Setting aside a conviction is the process that clears a public criminal record. In Michigan, there is one process to set aside a conviction on an adult record and a different process to set aside a juvenile conviction, called an adjudication.
Use the Michigan Legal Help links below for more information on how to set aside a criminal record. It may be best to have an attorney assist you in this process. The cost of using an attorney can range from $1500 to $5000. It could be worth the investment if it opens opportunities for better employment. Having you record expunged can be the difference between checking a box on an employment application and being accepted or rejected.
Free Criminal Record Expungement Eligibility Evaluation – Call Today – Komorn Law 248-357-2550
How To Take Part
Please take part in this and get your criminal record expunged and increase your wage potential because it cost taxpayers 2.2 million. Your taxable wages will help give the gov more money make it rain on really dumb projects. This one is one of the better ideas but doesn’t do it fast enough.
Recent legislation makes Michigan a national leader in helping residents more easilyset aside criminal records and a get a “clean slate.” The new laws make set asidesautomatic for certain offenses; however, for some offenses, parties will need to apply for a set aside.
What?!? Eligibility doesn’t start for 2 years?
While these new laws take effect on April 11, 2021, court and law enforcement authorities were allowed two years to secure funding and coordinate plans to allow for automatic set aside of some offenses. That means automatic set asides will not be implemented until April 2023, at the earliest.Don’t wait for the automatic process – Send a lawyer into the trenches to fight on your behalf.
Free Criminal Record Expungement Eligibility Evaluation – Call Today – Komorn Law 248-357-2550
Highlights of the “Clean Slate” package include:
Creating an automatic process for setting aside eligible misdemeanors after seven years and eligible non-assaultive felonies after 10 years. [NOTE: Not implemented until April 2023.]
Expanding the number and revises the types of felonies and misdemeanors eligible to be set aside by application. [NOTE: A revised application form will be available on this page prior to the effective date of April 11, 2021.]
Revising the waiting periods before being eligible to apply for a set aside.
Treating multiple felonies or misdemeanor offenses arising from the same transaction as a single felony or misdemeanor conviction, provided the offenses happened within 24 hours of one another and are not assaultive crimes, or involves possession or use of a dangerous weapon, or is a crime that carries penalty of 10 or more years in prison.
Expanding set aside eligibility to various traffic offenses.
Allowing a person to petition to set aside one or more marijuana offenses if the offense would not have been a crime if committed after the use of recreational marijuana by adults became legal in the state.
Just making the leash translucent
Setting it aside does not delete the record. Setting aside a conviction (sometimes called getting an expungement) will remove a specific conviction from your public criminal record. … The court system and the Michigan State Police (MSP) will maintain a nonpublic record of your conviction.
Free Criminal Record Expungement Eligibility Evaluation – Call Today – Komorn Law 248-357-2550
View the full text of the bills in the “Clean Slate” package:
House Bill 4980 – introduced by Rep. Yousef Rabhi (D-53rd District)
House Bill 4981– introduced by Rep. Pauline Wendzel (R-69th District)
House Bill 4982 – introduced by Rep. Luke Meerman (R-88th District)
House Bill 4983 – introduced by Rep. Yousef Rabhi (D-53rd District)
House Bill 4984 – introduced by Rep. David LaGrand (D-75th District)
House Bill 4985 – introduced by Rep. Sherry Gay-Dagnogo (D-8th District)
House Bill 5120 – introduced by the late Rep. Isaac Robinson (D-4th District)
FAQs about Setting Aside Adult Convictions (Links)
DISCLAIMER This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS. Therefore…Before you believe anything on the internet regarding anything – do your research on Official Government and State Sites, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain.
National Expungement Week events across the U.S. offer expungement and other forms of legal relief to some of the millions of Americans with criminal records.
These criminal records can restrict access to housing, employment, education, public assistance, and voting rights long after sentences have been served.
National Expungement Week events will work to bring to light the effects of a criminal record and help people to remove these marks and restore part of their lives.
National Expungement Panel of legislators and victims of the system discuss and tell their stories about working toward getting criminal records expunged for millions throughout the U.S. for National Expungement Week 2019 at Oakland Community College in Royal Oak.
Margeaux Bruner – Political Director for Michigan Cannabis Industries Association.
Jewell Jones – State Representative 11th District.
Earl Carruthers – Cannabis Entrepreneur
Jesse Riggs – Michigan Medical Marijuana Association
MORE ABOUT THE EARL CARRUTHERS CASE
More documentaries about Earl Carruthers famous “Brownie” court battle with the justice system which has become case law featuring attorney Michael Komorn and others familiar with the case such as Jamie Lowell and Rick Thompson.
Gov.-elect Gretchen Whitmer will pursue executive action or legislation to free inmates and expunge criminal records for those convicted of marijuana crimes that will become legal under the state’s pending recreational marijuana law, she indicated Wednesday.
Have a Marijuana Related Criminal Record? Get rid of it – Start the expungement process now ! Contact Komorn Law800-656-3557.
“I think that the people of Michigan have said that for conduct that would now be legal, no one should bear a lifelong record for that conduct,” Whitmer said in her first press conference since winning election over Republican Bill Schuette on Tuesday night.
Voters approved Proposal 1 to legalize adult marijuana possession and set up a system to license businesses.
Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry as well as consulting and legal representation for Medical Maruhuana Patients and Caregivers.
If you or someone you know has been arrested as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise or any other criminal charges please contact our office and ensure you’re defended by an experienced lawyer.
Attorney Michael Komorn is recognized as an expert on the Michigan Medical Marihuana Act. He is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group which advocates for the rights of medical marijuana patients and their caregivers.
Contact us for a free no-obligation case evaluation 800-656-3557.
This page is for informational purposes only. Laws, regulations and the world change routinely, therefore we insist you consult an attorney for the most current legal information.
