Those who have been convicted of a crime and served their sentence should be able to fully return to society — however, the presence of a criminal record may alter an individual’s ability to find work, secure housing, or move beyond their criminal past. Fortunately, in certain situations, it is possible for a criminal record to be cleared after someone has paid their dues to society.
There are certain procedures anyone seeking expungement must follow. For this reason, you may wish to consult a Plymouth expungement lawyer to discuss your eligibility and the process involved. A dedicated criminal defense advocate could review a petition and assist with presenting a request to the court, so you can work towards a favorable outcome.
Crimes Eligible for ExpungementMichigan legislation outlines certain standards that allow a convicted person to seek expungement. Those with a single felony conviction and no more than two misdemeanor offenses may ask the court to expunge their record. Individuals, or their expungement attorneys, may seek to have a felony set aside, or petition the court to expunge one or both misdemeanors.
Certain offenses are not eligible for expungement. These are generally felony offenses, but all misdemeanor traffic offenses are also excluded. Some offenses that cannot be removed from a person’s record include:
Most other convictions, including felonies, could usually be removed from a criminal record. It is important to note that the court generally treats any deferred or dismissed charges as misdemeanor offenses. This may affect eligibility for clearing a record. Therefore, it may be beneficial to disclose one’s entire criminal history to a Plymouth expungement lawyer before proceeding with a request.
The Expungement ProcessThe first step to have a record cleared is to petition the Circuit Court in Wayne County. This may include an expungement lawyer arguing that setting aside a conviction could benefit public welfare. An attorney may also ask the court to consider the personal situation or individual’s conduct since the conviction.
It is possible for individuals to petition the court five years after a conviction, release from prison, the competition of probation, or discharge from parole, whichever concludes last. Those considering expungement may seek the advice of an experienced attorney to help build their petition. This may entail collecting evidence of rehabilitation and positive conduct or highlighting similar cases in which the court elected to expunge a conviction.
If an expungement request is not granted, it is possible to re-petition the court. However, convicted individuals must generally wait three years before submitting another request.
Reaching out to a Plymouth Expungement AttorneyNo matter your conviction, it may be invaluable to speak with an attorney who can guide you through the requirements for an expungement petition. You may find the services of a Plymouth expungement lawyer to be invaluable in avoiding a failed request due to procedural mistakes.
Once you have paid your debt to society, it is possible to move beyond a criminal past. Record expungement could help restore your rights and make it possible for you to rejoin society without the far-reaching consequences of a conviction hanging over your head. Contact an experienced attorney to discuss the potential of clearing your record today.