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

Mar 3, 2023 | Blog, Record Expungement

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.

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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.