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Bloomfield Hills Expungement Lawyer

Expungement is a process which removes a criminal conviction from your record after you have served your sentence. The benefit of expungement is that once it is complete, you can lawfully answer questions on employment and school applications as though that crime had never occurred. If you are considering having a criminal offense expunged from your record, contact a Bloomfield Hills expungement lawyer to evaluate your situation. A determined criminal attorney can help you determine whether you are eligible for expungement, and prepare the necessary documents.

Eligibility Requirements

If an individual has a conviction that is not on the list of never-eligible offenses and wants to get that conviction expunged, there are specific requirements, which include meeting all sentencing requirements and having five years passed since completion of all requirements related to the sentence. The exception to the passing of five years includes of prostitution charges if the prostitution was a result of human trafficking, which can be expunged without waiting five years.

A person’s record can only include one felony offense and two misdemeanor offenses. If there is a felony charge on one’s record, only that can be expunged. If there are two misdemeanor charges on one’s record, either or both can be expunged (if eligible).

It is important to note that these are only the core requirements. The expungement statute is lengthy and contains extremely detailed requirements for specific circumstances. It requires expert assistance from a Bloomfield Hills expungement lawyer to interpret correctly and determine eligibility.

Ineligible Offenses for Expungement

The following offenses can never be expunged from a criminal record under Michigan law:

  • Offenses punishable by life in prison
  • Human Trafficking
  • Child abuse in the second degree
  • Child abuse in the presence of another child
  • Felony domestic violence if there is one or more prior domestic violence conviction (including misdemeanors)
  • Traffic offenses (including drinking and driving)
  • Criminal sexual conduct (rape, including statutory rape) that occurred after January 12, 2015

Expungement Process

Once an individual decides to pursue an expungement, the process starts with an application form that needs to be completed, supported with documentation, and sent to the appropriate government agencies. Eventually, a hearing will be scheduled. If the expungement is denied, a new application cannot be made until three years have passed. If an expungement is granted, the documents issued can then be used to have any records of the conviction coded so that they will not show up in background checks. After that, it is permissible for a person to answer questions about criminal history as though the expunged conviction had never occurred.

Trusting in Legal Representation

It is very risky to try to represent yourself in an expungement proceeding, as eligibility requirements are complex and forms can be very difficult to complete. A Bloomfield Hills expungement lawyer can make sure the application is correct, will not be sent back without review, and that proper agencies are notified. Having an experienced attorney at your hearing allows your case to be presented in the best possible light and may increase your chances of a favorable decision.