Expungement

Michigan offers some of the most generous expungement opportunities in the country, allowing individuals with criminal convictions to move forward with their lives. However, not all offenses are eligible for expungement, and the process requires careful navigation of Michigan’s legal system. Partnering with an experienced Michigan expungement attorney is essential to maximizing your chances of successfully clearing your record.

Expungement is the legal process of setting aside or sealing a criminal conviction, effectively removing it from public records. Once an offense is expunged, it no longer appears on background checks conducted by employers, landlords, or educational institutions, offering individuals a fresh start free from the stigma of a criminal record.

Our expungement lawyers can help you explore opportunities for a clean slate. Many misdemeanors and felony convictions in Michigan can be expunged, providing a second chance. However, it's important to understand the specifics of expungement laws and which offenses are eligible.

As a general rule, certain sexual offenses, violent crimes, and offenses carrying a life sentence are excluded from expungement. At the Barone Defense Firm, our experts can guide you through the complexities of the expungement process and what offenses can and can't be expunged under Michigan law.

• Ineligible Offenses:
  • Sex crimes.
  • Traffic offenses, including DUIs.
  • Felonies punishable by life imprisonment, even if the maximum sentence was not imposed.
• Minor Convictions:
  • Up to two minor offenses may still allow for expungement eligibility.

An experienced Michigan expungement attorney can review your case to determine if your conviction qualifies under the state’s expungement laws.

To apply for expungement, specific timeframes and conditions must be met:

1. Five-Year Waiting Period:
   • You must wait five years from the date of conviction, or from your release from prison—whichever occurs later—before filing an expungement application.
2. Juvenile Offenders:
   • Juveniles with up to three non-felony convictions may have their entire records expunged.
   • In some cases, courts may consider expunging adult convictions along with prior juvenile offenses for individuals who have turned 18.
3. One Adult Conviction Limit:
   • Adult offenders are generally allowed to have only one conviction expunged.

While these rules may seem restrictive, an experienced expungement attorney can explore creative solutions to maximize the benefits of Michigan’s expungement laws.

Having a criminal record expunged can provide life-changing opportunities, including:

• Improved Employment Prospects: Employers conducting background checks will no longer see expunged offenses.
• Access to Education: Educational institutions may remove barriers to enrollment or financial aid.
• Housing Opportunities: Landlords often deny applications based on criminal records; expungement can eliminate this obstacle.
• Restored Reputation: Expungement removes the public stigma associated with a criminal record.

In the state of Michigan, the law states that certain criminal offenses are eligible for automatic expungement. This means these offenses are automatically cleared after a set period without any need for application.

The types of offenses that might qualify for automatic expungement include:

• Minor misdemeanors: Non-assaultive misdemeanors may be expunged automatically after 7 years, provided there are no subsequent convictions.
• Single felony convictions: Certain felonies are eligible for automatic expungement after 10 years, contingent on the absence of additional convictions within that period.
• Traffic offenses: Many non-OWI traffic offenses can be automatically cleared, helping to restore a clean driving record.

Our expungement lawyers are experts in automatic expungements and can tell you whether your conviction qualifies or if you need to take further action. Whatever the outcome, you can be assured of professional service and support every step of the way.

Once we determine your conviction is eligible for expungement, we take you through the record-clearing application process. The first step is to gather all necessary documents. This typically includes a copy of your criminal record, character references, and any relevant court documents. We then apply with the court where the conviction occurred. Our team works closely with you to ensure your application is completed and submitted correctly.

When applying for expungement in Michigan, it's essential to be aware of time frames and factors that can affect the process. The duration from application to expungement can depend on the following:

• Court backlogs: The workload and efficiency of each court can vary. The process can take anywhere from 3-6 months and sometimes longer. We keep you up-to-date on progress.
• Application accuracy: An application with errors or incomplete information could delay the process. Working with our team helps ensure your application is submitted accurately.
• Response from agencies: Part of the expungement process requires a review by law enforcement agencies. Delays in response times can extend the process.

From helping you complete your application to informing you of delays, our team ensures you're well-informed throughout the process and when an outcome is reached.

Expungement is not an automatic process; it requires convincing the court that you deserve a second chance. A skilled Michigan expungement lawyer can:

1. Prepare a Strong Case:
   • Compile necessary documents, including criminal records, fingerprints, and case files.
   • Highlight evidence of rehabilitation, such as employment, education, or community service.
2. Advocate in Court:
   • Persuade the judge that expungement is appropriate and that the applicant is unlikely to reoffend.
   • Address any objections from prosecutors or law enforcement.
3. Ensure Accurate Record Clearing:
   • Verify that expunged records are removed from public databases, including online systems accessed by employers and landlords.

At Barone Defense Firm, our attorneys understand the challenges that criminal convictions create, and we are committed to helping clients navigate the expungement process with confidence and success.

The expungement process can be complex and time-consuming. Having an experienced expungement lawyer by your side can significantly improve the success of expungement requests. At the Barone Defense Firm, we're proud of the reputation we've built and our successful track record in clearing criminal charges for our clients.

We operate throughout Michigan, helping clients in Rochester, Grand Rapids, Troy, Holland, Birmingham, Grand Haven, Plymouth, Hudsonville, Royal Oak, Bloomfield Hills, Novi, Ann Arbor, and Farmington Hills. Whether you're dealing with a felony conviction or a misdemeanor, our lawyers are dedicated to helping you achieve a clean slate.

The Barone Defense Firm has a proven track record of helping clients across Michigan successfully clear their criminal records. Our team provides:

• Personalized Representation: Tailored strategies for your unique circumstances.
• Expert Legal Knowledge: Decades of experience in Michigan criminal and expungement law.
• Statewide Service: Representing clients in Ann Arbor, Grand Rapids, Troy, Bloomfield Hills, and beyond.

Don’t let a past conviction hold you back from achieving your goals. Contact Barone Defense Firm today to discuss your eligibility for expungement and take control of your future.

Call us at 248-306-9158 or contact us online for a free consultation with an experienced Michigan expungement attorney.