A criminal record can be detrimental to a person’s future happiness and success. Criminal convictions and their criminal records limit educational opportunities, job prospects, and the ability to obtain a professional license. Nearly all applications to institutions of higher learning, such as colleges and universities, require that criminal convictions be disclosed as part of the application process.
The same is true with applications to professional schools, such as law schools and medical schools. More and more employers are also researching applicants’ criminal records prior to making their hiring decisions.
When a criminal record is expunged, the conviction is set aside and is generally closed from public view. Moreover, once a Michigan criminal conviction has been expunged, an individual can truthfully state that they have never been convicted of the crime on record.
An experienced Birmingham expungement lawyer can file a motion with the court to set aside a conviction. Once the motion is filed, a hearing will be set in before a judge to decide on whether an individual’s record will be expunged or not. Record expungements take time, and it is essential to have experienced legal representation throughout the entire process.
To have a criminal record expunged in Michigan, an individual generally must not be convicted of more than one offense. This conviction can be either a felony or a misdemeanor.
Under a recent exception, an individual may have one or two other convictions that are minor offenses on record. In Michigan, a minor offense is an offense with a maximum sentence of 90 days in jail or a fine of $1,000 that was received under the age of 21.
There are certain exceptions to the types of convictions that can be expunged under Michigan law. For example, a felony conviction punishable by life in prison cannot be expunged. The same is true for most criminal sex conduct crimes, or attempts to commit those crimes, and some traffic offenses like Michigan drunk driving convictions.
In order to have a Michigan criminal conviction expunged, five years must pass from the date of sentencing or completion of a term of imprisonment for the conviction, whichever is later. A Birmingham expungement attorney can assist an individual in determining the specific time constraints surrounding their expungement.
An expungement application must include the full name and address of the applicant and a certified record of the conviction to be set aside, including a statement that the applicant has not been convicted of anything else. The application must also indicate whether the applicant previously filed to set aside the same, or another, conviction.
In addition, the application must disclose whether the applicant has any other criminal charges pending. This must be verified by the Michigan State Police.
Finally, the applicant must consent to use of the non-public record system created under MCL 780.623. Pursuant to this Michigan Code section, a criminal record may remain on file with the courts, post-expungement, but is not available for the public’s eyes.
If you are considering petitioning the court to have a criminal conviction expunged, it is essential that you have experienced legal representation. A knowledgeable Birmingham expungement lawyer will be able to assist in effectively processing your case.
An expungement attorney will be able to present your expungement case in the most favorable light and help to convince a court that your record should be expunged under the circumstances.