A criminal conviction can affect your life in profound ways. A criminal record is a public record that anyone can view, including not only information on all misdemeanor and felony convictions but also descriptions of looks and appearance. It may hinder, among other things, gainful employment, student loans, housing assistance, as well as professional licenses, certifications, and memberships.
Everyone makes mistakes, and when it comes to criminal convictions, you may be entitled to a fresh start as well. Contacting a Troy expungement lawyer to see if an expungement of your criminal record is possible could be the first step to receiving yours.
What Expungement of a Criminal Record MeansExpungement is a legal term for removing a criminal conviction from the public record. In Michigan, these records are kept by the Michigan State Police.
If someone’s criminal record is expunged, they could then legally and truthfully state that they have a clean criminal record. This could be critically important when applying for work, housing, loans, and more. Likewise, when someone—a potential employer, for example—requests a copy of a criminal record from the State Police, their request would be answered with no record meeting dissemination criteria.
Expungement may be possible with a felony and as many as two misdemeanor convictions. Conviction, in this context, means a finding of “guilty” or “guilty but mentally ill” by a court through a bench or jury trial, or a plea of guilty, guilty but mentally ill, or no contest. An applicant for expungement may request either their felony conviction or one or both misdemeanor convictions to be expunged at any one time.
Receiving an Expungement in TroyTypically, an expungement request involves requesting the original court documents related to the conviction, a review of the facts and proceedings, and, finally, filing the necessary paperwork with the courts. A court in Michigan would not grant an expungement until five years after release from prison or probation, whichever is later.
However, a petition may be filed for expungement prior to the end of this period. If granted, the expungement would occur after the five years has lapsed, so getting a head-start on a clean record is possible with the right guidance from an experienced Troy expungement lawyer.
Meeting State Standards for ExpungementMichigan law states that expungement can only occur if two criteria are met. First, the circumstances—both at the time of conviction and at present—and the behavior of the applicant following conviction warrant the expungement in the view of the court. Second, the expungement must be in the best interests of society.
If an expungement request is unsuccessful, Michigan bars an applicant from requesting an expungement for the next three years. Despite these high standards, expungement may still be possible with the counsel of an experienced and knowledgeable Troy expungement lawyer.
Bars to ExpungementPersons with more than one felony conviction or more than two misdemeanor convictions are ineligible for expungement, even if multiple convictions arose from the same incident. Additionally, a felony conviction for which the maximum penalty is life imprisonment bars a person from expungement.
Furthermore, persons who were convicted of actual or attempted criminal sexual misconduct are ineligible for expungement. Also, certain traffic offense convictions, such as drunk driving, excludes a person from expungement.
Talk to a Troy Expungement Attorney TodayWith your future in the balance, contacting an expert Troy expungement lawyer to handle your expungement request could be key to you cleaning up your criminal record. A dedicated attorney could work with you to present the best possible case for expungement of your criminal record. Give yourself a fair chance of successfully defend yourself by getting in touch with an attorney today to review your case.