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Holland Expungement Lawyer

In many situations, a criminal record can create substantial obstacles in an individual’s educational and occupational pursuits to affect their reputation in their community. Many are not aware, though, that under certain conditions the state of Michigan allows someone to have one conviction expunged, which means that this record will not show up on a background check but may be discoverable through other means. A professional Holland expungement lawyer could investigate your background and determine whether this option may be available to you. Read on to learn more about how a skilled defense attorney could make a difference for you.

Expungement vs. Record Sealing

Both expungement and record sealing prevent the public from obtaining information about crimes an individual committed. Earlier in legal history, expungement denoted destroying records, while sealing records meant that someone could only view a record with a court’s permission. Today, however, the two words are often synonymous. It is important to note that the court does not always entirely wipe an individual’s criminal convictions from their record during expungement, and authorized government workers with access to those records may still be able to view them. Nonetheless, expungements are still attractive to many individuals, as educational facilities and employers will be unable to see this information. Reach out to a determined defense attorney to learn more.

Eligibility for Expungement

To be eligible for expungement, an individual may not have anything other than two minor offenses on their record, and must not have had any charges expunged prior to the current one in question. Additionally, if the crime in question has the potential to result in life imprisonment, the court may not expunge the record even if the defendant received a less serious charge.

There are certain major offenses that a court will never expunge, including child abuse in the second-degree or higher, human trafficking offenses, intent to commit prohibited sexual conduct, fourth-degree or higher criminal sexual conduct, production or possession of child pornography, and terrorism offenses. Although comparatively minor, an individual also cannot have traffic offenses expunged, including drunk driving offenses. Finally, a defendant must wait five years after their conviction or release from prison before they can successfully expunge their file with the help of a dedicated Holland expungement lawyer.

Required Documents

Depending on the severity of the offense and resulting sentence, there are various documents that someone might have to file for expungement. Some of these documents include:

  • Certified copies of the individual’s conviction record
  • Details about the prosecutor that is attached to the case
  • A fingerprint card, if this information was taken by law enforcement

After they file an application for expungement, they must promptly file these and any other documents the court requires. Additionally, they must provide copies of these documents to law enforcement and prosecution. Once these forms are processed, there will be a hearing at which a judge will determine whether the case in question should be set aside.

Speak with a Holland Expungement Lawyer Today

If you seek an expungement of your record, it could be imperative to contact a knowledgeable Holland expungement lawyer for assistance. As important as it can be for someone hoping to put their past behind them, expungement is far from a simple process, and experienced legal assistance from a Holland expungement lawyer can be a critical component of achieving a positive result. Call a weathered Holland expungement lawyer today to schedule your initial consultation.