Steps to Expunge Your Record in Michigan

Mar 25, 2023 | Blog, Record Expungement

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.

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Understanding Expungement in Michigan

Defining Expungement

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.

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Filing the Petition for Expungement

Preparing the Petition Form

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.