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Should I Use the Covid-19 Lock Down to Finally Get My Michigan Felony Expunged?

Apr 28th, 2020 OWI

If you’ve been convicted of a criminal charge at some point in your life, you’ve probably asked yourself, “is there any way I can get this thing off my record?” The answer, in many cases, is yes. And there’s no better time than the current Covid-19 shutdown to improve your life by getting a Michigan criminal conviction expunged.

The benefits of getting a criminal charge expunged are many. An expungement could allow you to pursue a more rewarding career. Your successful Michigan felony expungement could also restore some or all of your firearms rights, including the ability to purchase and possess guns. Your successful expungement could also restore your right to vote. Finally, a successful Michigan felony expungement could lift that weight off your shoulders you’ve carried for years, and make you feel like the law-abiding citizen you’ve become. Don’t let one past youthful indiscretion or mistake keep you from living the life you deserve.

Am I Eligible for Michigan Felony Expungement?

The first thing you should know about Michigan’s expungement law is whether you’re eligible. You are eligible for expungement if you have never had more than one felony and two misdemeanors on your record and it has been more than five years since you were discharged from probation for the most recent charge. This includes all fines and fees being paid for a minimum of five years.

The applicable expungement law in Michigan is found at MCL 780.621.  This is the law that established all the necessary criteria for felony expungement. A Michigan expungement lawyer can only help you if you meet all of the following criteria:

  1. You’ve never been convinced of more than three criminal offenses in total, and if you have been convicted of three no more than 2 can be what Michigan law defines as minor offenses.  See MCL 780.621(1).
  2. The felony you want to have set aside is not punishable by life. See MCL 780.621(2).
  3. The felony or other crime you want set aside is not a traffic offense, including drunk driving.  In Michigan you cannot have a DUI expunged.  Several types of sex crimes also cannot be removed from your record through expungement.  See MCL 780.621(2).
  4. It’s must have been a minimum of 5 years since you were sentenced or completed your sentence, whichever is later. See MCL 780.621(3).

What Crimes Can’t be Removed from My Record?

To elaborate on the above it’s also important to know that the following charges cannot be expunged under current Michigan law:

  • A felony or attempt to commit a felony for which the maximum punishment is life imprisonment
  • Second degree child abuse
  • Production or possession of child pornography
  • Second degree criminal sexual conduct
  • Third degree criminal sexual conduct
  • Assault with the intent to commit criminal sexual conduct
  • Fourth degree criminal sexual conduct conviction after January 12, 2015
  • A traffic offense, including operating a vehicle while intoxicated
  • Felony conviction for domestic violence, if the person has a previous misdemeanor for domestic violence
  • Human trafficking offenses
  • Terrorism offenses

How Do I Know for Sure if I’m Eligible?

The best way is to contact the Barone Defense Firm and talk to one of our expungement lawyers. Unfortunately, not everyone under the current expungement law is going to be eligible. There has been a movement in the Michigan legislature to revise the expungement law to make it more inclusive. If you aren’t currently eligible because you have too many convictions, you should contact your state representatives and senators to let them know how you feel about the status of the law.

Regardless, we encourage those who are eligible to take advantage of that eligibility and pursue expungement. Getting a criminal conviction expunged is easily put off; kind of like getting your will and powers of attorney done.  We know there’s a huge benefit, but since we’ve been living without it for so many years, we just keep going along with it. We’ve helped many people who said, “enough is enough,” started the process of expungement, and changed their life for the better.

If you’re eligible, or even if you think you might be but aren’t sure, call the Michigan expungement attorneys at the Barone Defense Firm. We can talk to you about whether you’re eligible, why it’s important to you that you get a conviction expunged, and explain the process of how it’s done.