Michigan offers very generous expungement opportunities for persons with criminal convictions. There are several exceptions, however, to when an expungement may be obtained.
Expungements are never automatically awarded, and you will need the assistance of an experienced Michigan expungement attorney who knows the ins and outs of expungement law in Michigan.
Persons convicted of both misdemeanor and felony offenses can see their records expunged. Expungement is not allowed for sex crimes, traffic offenses, or for cases where the defendant has multiple prior criminal convictions, aside from minor offenses.
Typically, up to two minor convictions may be allowed before expungement will be barred. Defendants are not eligible for expungement when an offense for which they are convicted carries a possible sentence of life in prison, even if that was not the sentence handed down. This typically refers to very serious and violent felony offenses.
While there are many opportunities for expungement in Michigan, persons convicted of criminal offenses seeking expungement will have to wait until five years from conviction or release from prison (whichever is later) have passed before they are eligible to apply to have their record expunged.
Adult offenders are only eligible to have one prior conviction expunged off their record. Juveniles may have their entire records expunged, if they have three or fewer convictions on their record, and none of them were felony offenses.
It is possible the court may consider expunging an adult conviction along with prior juvenile convictions for a single offender who has come of age, under certain circumstances. An experienced Michigan expungement attorney can advise a client on these particularities.
Working with a dedicated Michigan expungement attorney is important since expungements are not automatic and the offender will need to persuade the court that the potential expungement is appropriate and the person is not likely to commit further offenses.
A Michigan expungement lawyer can tell the judge about how their client is making positive strides to improve their life, and how record expungement will allow them to continue to move forward in a positive direction without the stigma of criminal conviction or incarceration.
An experienced attorney can also help offenders prepare the necessary materials to file with an expungement application. Convicted offenders will need copies of their fingerprints, criminal records and case records.
Finally, a skilled Michigan attorney can help in making sure that once the expungement is complete, the criminal record is actually cleared, especially through the online database accessible to the public, which prospective employers and landlords typically access.
We understand how the stigma of criminal convictions and incarceration can affect a person’s ability to obtain employment, education, and other services and will do everything within our power to help you move on with your life.