Steps to Expunge Your Record in Michigan

Steps to Expunge Your Record in Michigan

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.

Get Your Record Expunged. Start the Process Now! Contact Komorn Law – Call (248) 357-2550

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.

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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.

Don’t Let Your Record Hold You Back: How to Expunge your Conviction in Michigan

Don’t Let Your Record Hold You Back: How to Expunge your Conviction in Michigan

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.

Get Your Record Expunged. Start the Process Now! Contact Komorn Law – Call (248) 357-2550

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.

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Gov Whitmer Signs Bill for Clean Slate of Non-Repeat OWI Offenders

Gov Whitmer Signs Bill for Clean Slate of Non-Repeat OWI Offenders

FOR IMMEDIATE RELEASE   

Gov Whitmer Signs Legislation Allowing Clean Slate for Non-Repeat OWI Offenders, Protects Michigan Drivers by Ensuring that Michigan’s Legal BAC Limit Remains at .08

August 24, 2021   

Contact: press@michigan.gov   

LANSING, Mich. — Governor Whitmer yesterday signed House Bills 4219 and 4220, which will allow for expungement of convictions for a first violation of operating while intoxicated (OWI) under certain circumstances. The bills are expected to allow an estimated 200,000 non-repeat OWI offenders to have the opportunity for a second chance at a clean record. 

The governor also signed legislation that continues Michigan’s legal blood alcohol content (BAC) level for driving at .08, eliminating a planned sunset that would have increased the limit to .10. 

“No one should be defined by a mistake they have made in the past,” said Governor Whitmer. “These bills allow Michiganders to move on from a past mistake in order to have a clean slate. We must clear a path for first-time offenders so that all residents are able to compete for jobs with a clean record and contribute to their communities in a positive way.” 

The bills give those with OWI convictions the option to seek expungement of their first offense five years after probation ends. Applicants must submit a petition to the court, which would be reviewed and determined by a judge. Incidents that caused death or serious injury to a victim are not eligible.  

“Drunk driving is a serious problem in Michigan, but permanently limiting a person’s ability to work and drive based on a one-time, decades-old mistake does not make sense. People who can show that their DUI conviction was a one-time mistake should have an opportunity to make a fresh start.”  

Safe & Just Michigan Executive Director John S. Cooper said.

House Bills 4219 and 4220

House Bill 4219 and House Bill 4220 will allow first-time OWI offense violators to be eligible for record expungement.  

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Together, the bills allow for the criminal record expungement of first-time offenses for: 

  • Any person operating a vehicle with a BAC of .08 or more 
  • Any person operating a vehicle while visibly impaired by alcohol or other controlled substance 
  • A person under 21 years old operating a vehicle with a BAC of .02 or more 
  • Any person from operating a vehicle with any bodily amount of cocaine or a Schedule 1 controlled substance 

House Bill 4219 was sponsored by Rep. Tenisha Yancey, D-Grosse Pointe, and House Bill 4220 was sponsored by Rep. Joe Bellino, R-Monroe.

House Bill 4308 and House Bill 4309 will together amend the Michigan Vehicle Code and the Code of Criminal Procedure to maintain the state’s per se OWI presumption at a BAC level of .08. Without this legislation, Michigan BAC legal limit was set to rise to .10 on October 1, 2021, endangering Michigan drivers and costing the state millions in federal dollars. 

“Michigan is the only state in the country not to have a firm .08 Blood Alcohol Concentration limit for operating a motor vehicle,” said Rep. Graham Filler. “Eliminating the sunset is not only the right thing to do, but it ensures the safety of those traveling on our roads.” 

House Bill 4308 was sponsored by Rep. Abdullah Hammoud, D-Dearborn, and House Bill 4309 was sponsored by Rep. Graham Filler, R-DeWitt.

A copy of the signing letter can be found here:  

Summaries of Bills

House Bill 4220 (S-1) would amend Section 1c of Public Act (PA) 213 of 1965, which provides
for setting aside convictions in certain criminal cases, to allow the setting aside of a conviction
for a first violation operating while intoxicated (OWI) under certain circumstances.
House Bill 4219 (S-1) would amend Section 1 of PA 213 to prescribe the definition of “first
violation operating while intoxicated offense” and to modify the definition of “operating while
intoxicated”.


House Bill 4308 (H-1) would amend the Michigan Vehicle Code to delete the sunset of October
1, 2021, on which the bodily alcohol content (BAC) that constitutes OWI will increase from
0.08 to 0.10.


House Bill 4309 would amend the sentencing guidelines within the Code of Criminal Procedure
to reflect the elimination of the sunset provision raising the BAC that constitutes OWI.
Senate Bill 400 would amend PA 213 to prescribe the time period in which an application to
set aside a conviction for a first violation OWI offense would have to be filed.


House Bills 4219 (S-1) and 4220 (S-1) are tie-barred to each other. House Bill 4308 (H-1)
and 4309 are tie-barred to each other. House Bill 4308 (H-1) also is tie-barred to House Bill

  1. Senate Bill 400 is tie-barred to House Bills 4219 and 4220.

FISCAL IMPACT

House Bills 4219 (S-1) and 4220 (S-1) likely would not have a noticeable fiscal impact on
local court systems. While the bill likely would result in additional expungement filings across
the State, it is assumed these filings would not flood the local court systems with additional

administrative costs and hearing requests. There are several fees associated with the
expungement process ($50 to the Michigan State Police (MSP) for a background check, $10
to $15 to MSP for fingerprints, $10 to the Internet Criminal History Access Tool (ICHAT)), but
no filing fees that go to a Judiciary restricted fund.


The bills likely would not have a fiscal impact on State government.


House Bill 4308 (H-1) would have no fiscal impact on State or local units of government;
however, allowing the BAC sunset to take effect could reduce costs for the Michigan
Department of Corrections (MDOC) and reduce revenue for local libraries. Currently, under
the State’s per se statute, a person with a BAC of 0.08 grams is considered to be operating
while intoxicated; however, the statute requires the per se level to revert back to a BAC of
0.10 grams on October 1, 2021.


Enactment of the bill would have no fiscal impact on the State or local units as the current
BAC thresholds would remain the same; thus, costs associated with them would remain
unchanged. However, absent the bills, the likely result would be fewer convictions and a
reduction in jail times and sentences. As a result, the MDOC could save an estimated $42,400
per prisoner per year, the average annual cost for incarceration in an MDOC facility.


Additionally, the average costs for parole and felony probation supervision services averaging
$4,300 annually per supervised offender, also could be saved. Finally, fewer convictions would
result in fewer fines, which would lead to lower revenue for local libraries (which are the
beneficiaries of civil fines).


The bill also would preserve existing Federal aid apportionments as it would lift the sunset on
the 0.08 BAC standard. Under Federal law (23 USC 163), states that do not comply with at
least a 0.08 BAC standard can lose Federal aid through the National Highway Performance
Program and the Surface Transportation Program. The Department of Transportation
estimates these loses could be up to $53.0 million in Federal aid per year. Currently, Michigan
receives roughly $1.4 billion in Federal aid per year.


House Bill 4309 would have no fiscal impact on local government and an indeterminate fiscal
impact on the State, in light of the Michigan Supreme Court’s July 2015 opinion in People v.
Lockridge, in which the Court ruled that the sentencing guidelines are advisory for all cases.
This means that any changes to the guidelines under the bill would not be compulsory for the
sentencing judge. As penalties for felony convictions vary, the fiscal impact of any given felony
conviction depends on judicial decisions.


Senate Bill 400 would have an indeterminate, though likely negative, fiscal impact on local
courts. Additional costs likely would come from an increase in the number of expungement
filings for a first violation OWI offense. The number of increased filings is indeterminate and
any additional costs would have to be absorbed by local court systems.


There are several fees associated with the expungement process ($50 to the MSP for a
background check, $10 to $15 to MSP for fingerprints, and $10 to ICHAT), but none of these
fees go to a Judiciary restricted fund. Expungement hearings typically do not take very long;
however, a large increase in these hearings could increase costs for courts in the form of
administrative costs and hearing times.

Bill Analysis

House Fiscal Agency Analysis

Summary as Introduced (2/15/2021)
This document analyzes: HB4219HB4220
Revised Summary of Proposed H-1 Substitutes (2/23/2021)
This document analyzes: HB4219HB4220
Analysis as Reported from Committee (3/3/2021)
This document analyzes: HB4219HB4220
Analysis as Enacted (10/18/2021)
This document analyzes: SB400HB4219HB4220

Senate Fiscal Analysis

SUMMARY OF HOUSE-PASSED BILL IN COMMITTEE (Date Completed: 4-14-21)
This document analyzes: HB4219HB4220HB4308HB4309
SUMMARY OF BILL REPORTED FROM COMMITTEE (Date Completed: 5-4-21)
This document analyzes: HB4219HB4220HB4308HB4309SB0400

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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.

Criminal Record Expungement Eligibility

Criminal Record Expungement Eligibility

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.

HOW TO SET ASIDE A CRIMINAL RECORD

MI LEGAL HELP: Setting Aside an Adult Conviction (article) 
MI LEGAL HELP: I Have a Juvenile Adjudication to Set Aside (how-to)
MI LEGAL HELP: I Have an Adult Adjudication to Set Aside (how-to)
SCAO: Application to Set Aside Conviction (court form)

Clean Slate Legislation

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:

FAQs about Setting Aside Adult Convictions (Links)

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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.

Criminal Record Expungement Eligibility

Michigan’s expungement laws will change in April

On Oct. 12, Whitmer signed House Bills 4980-4985 and 5120 into law to expand and simplify the state’s criminal record expungement process. The bills will take effect April, 11, 2021. 

The new law will expand the number and types of convictions that qualify for expungement.

Michigan is also working to establish a system to automatically expunge eligible felonies and misdemeanors after certain periods of time, but that still has some time before becoming active.

What’s expungement?

Expungement seals criminal convictions from the general public, including employers and landlords. Once a record is expunged, people applying for employment, housing and financial aid can truthfully state that the arrest and conviction never occurred. 

Of course… Law enforcement, courts and agencies such as the Michigan Department of Corrections retain access to expunged records.

Changes to expungement by application include:

  • Eligible offenses: Expanding eligibility to up to three felonies and an unlimited number of misdemeanors, with certain conditions on the types of offenses that qualify. No more than two assaultive crimes can be expunged, and no more than one felony conviction for the same offense if the offense is punishable by more than 10 years imprisonment. 
  • Waiting period: Adjusting the waiting period to apply after a person’s monitoring by the justice system ends (i.e. sentencing, probation, release from incarceration, parole — whichever occurred last) if they remain conviction-free. The waiting period will be three years for misdemeanors, five years for serious misdemeanors or one felony, and seven years for multiple felonies. 
  • Traffic offenses: Expanding eligibility to most traffic offenses. This excludes convictions for driving while intoxicated, traffic offenses that cause injury or death, and Commercial Driver License violations. 
  • Marijuana misdemeanors: Creating a streamlined process to apply for expungement of misdemeanor marijuana possession and use that would not have been considered crimes after recreational marijuana was legalized in Michigan. Judges must grant expungements if prosecutors don’t object. 
  • Multiple offenses in one day: One bad day…Treating multiple felonies or misdemeanors arising from the same 24-hour period as one conviction for the purposes of expungement. None of the offenses can be assaultive, involve the use or possession of a dangerous weapon, or carry a maximum penalty of 10 or more years in prison. 

Not eligible for expungement

Felonies that carry a maximum punishment of life in prison, attempt to commit a felony for which the maximum punishment is life, felony domestic violence (if the person had a previous domestic violence misdemeanor), child abuse, most criminal sexual conduct offenses, DUIs, and traffic offenses causing injury or death. 

What’s eligible when automatic expungement starts?

Up to two felonies and four misdemeanors will be automatically cleared. There cannot be any new convictions during the waiting period. 

  • Misdemeanors will be expunged seven years after sentencing.
  • Felonies will be cleared 10 years after sentencing or the person’s release from incarceration, whichever comes last.

The following will not be eligible for automatic expungement: assaultive crimes, serious misdemeanors, “crimes of dishonesty” (such as forgery and counterfeiting), offenses punishable by 10 or more years in prison, and crimes that involve a minor, a vulnerable adult, human trafficking, injury or serious impairment, and death. 

How do I apply for expungement?

An application form from the State Court Administrative Office lists step-by-step instructions. The form can be found online by searching Google for “application to set aside conviction MC 227 form.” For expungement under the laws taking effect this spring, the State Court Administrative Office is working on an updated application form that should be available on its website by mid-March.

Generally, the process involves ordering a certified record of convictions from the clerk of the court where the convictions occurred, getting fingerprinted, getting the application notarized, filing the application with the court and preparing for a hearing in front of a judge.

Related Stuff

In April of 2019, Whitmer created the Michigan Task Force on Jail and Pretrial Incarceration, chaired by Lt. Gov. Garlin Gilchrist and Bridget McCormack, Michigan Supreme Court chief justice, which reviewed the state’s jail and court data to expand alternatives to jail, safely reduce jail admissions and length of stay, and improve the effectiveness of the front end of Michigan’s justice system. The task force has produced a report and made recommendations.

Another new law will ensure that anyone under 18 years old will be treated as a minor in juvenile court and receive the rehabilitation services that are offered in the juvenile justice system to reduce recidivism, such as those practices outlined in the Youth Rehabilitation Services Act.

Expungment History

Download>> State of Michigan application to set aside conviction

A list of bills signed by Whitmer in 2020 and 2019 can be viewed at 

Other Links

Important news for medical marijuana patients

Victory For Michigan Marijuana Patients

Medical marijuana patients have had their doctor recommended use of cannabis while on probation in limbo for a long time.

Lead trial attorney and advocate for marijuana law reform Michael Komorn and his dedicated team of attorneys (specifically Ally McCormick) secured a victory in the Michigan Court of Appeals for Medical Marijuana Patients

As many battles for marijuana patientscaregivers and business clients represented by the Komorn Law Firm loom in the background – a decision has been made to set the tone for future cases involving those on probation.

Read More HERE

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2020 2021 BMMR CBD corruption. prosecutors dispensary DUI federal forfeiture hemp komornlaw lara law enforcement abuse laws legal Legalization marijuana Medical Marijuana Michigan michigan laws michigan news MMFLA MMMA MRA news police politics Recreational Cannabis science usa news

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.