Expungement of Criminal Records in Michigan

December 15, 2010

Have you ever been arrested or convicted of a crime?

You see this question everywhere -- on job applications, school applications, housing applications. While you may think this question really is trying to weed out those who have been convicted of heinous crimes, it applies equally to those who have been convicted of minor offenses, like noise violations, disorderly conduct and minor in possession of alcohol (MIP).

When it comes to criminal records, it doesn't matter if you committed a minor offense or a more serious felony -- the record is created all the same and the impact it can have on your life can be equally devastating. A criminal record can:
- Prevent you from getting the job you want
- Threaten your professional license
- Stop you from getting into a graduate school or other educational program
- Disqualify you from certain scholarships and grants
- Make you ineligible for military service
- Limit where you can live

Having a criminal record also can hit you in the pocketbook -- and not just from the fines and court costs. It is estimated that those with criminal records earn 10 to 30 percent less over their lifetimes than those with comparable job qualifications and experience, but no records. Employers are less likely to hire those with criminal records because employers believe these applicants are untrustworthy and irresponsible, and employers don't want to be exposed to potential legal liability.

The good news is that in Michigan the law gives you a one-time opportunity to have a criminal conviction removed from your record. Referred to as expungement or setting aside a conviction, once you have done this, your record is cleared and you are given the ultimate right -- the right to legally deny you were ever convicted of a crime.

Eligibility Requirements

Unlike some states, Michigan allows most misdemeanors and felonies to be expunged from a criminal record so long as the following conditions are met:
- The conviction date or date of release from incarceration was at least five years ago
- You only have been convicted of one crime
- You have not had a previous conviction expunged
- You have been on good behavior during the five-year waiting period (i.e., no subsequent arrests or convictions)
- The crime is eligible for expungement

Certain crimes are ineligible for expungement in Michigan. These include felonies or attempted felonies that are punishable by life sentences, certain sex offenses and traffic violations, including DUIs and other drunk-driving convictions.

The five-year waiting period before you can have a crime expunged from your record is very onerous, especially for crimes like MIPs that were committed when you were young, often during college. Currently, Attorney Shaun Willis and other attorneys at The Aggressive Criminal Defense Law Firm are prompting legislators to create new changes to Michigan's expungement law to make it fairer, including decreasing the waiting period for MIPs to three years instead of five, and allowing for someone with more than one conviction to have options for expungement as well. However, until these changes are enacted, the current waiting period still applies to all eligible criminal convictions.

The Process: Application and Hearing

The first step in expunging a criminal record is to file an application and other required documentation with the court that originally convicted you. Once you file the application, the court will set a hearing date and send copies of your application to the Michigan Attorney General's Office, the prosecutor who handled your case and the Michigan State Police (MSP).

The attorney general and prosecutor have the right to contest your application during the hearing. If your conviction was for assault or a serious misdemeanor, the victim also will be given notice of your application and an opportunity to contest it. The MSP are required to file a report with the court that lists any state or federal criminal charges currently pending against you. The court must receive this report before it can hold a hearing on your application to set aside the previous conviction.

It generally takes a couple of months from the time you submit your application until your hearing date. During the hearing, the court will hear from any of the parties that want to contest the application. If no one contests the application, the court will determine whether to approve your expungement request based on the police report and court records. In general, the judge will likely approve your application if he or she determines that your circumstances (i.e., good behavior since your conviction) warrant setting aside the conviction and that it is in the public's interest to do so.

If the application is approved, the judge will sign an order directing the state police and arresting agency to remove any record or other information about the conviction from public records. This means that the conviction cannot be found by anyone running a criminal background check on you. However, the police will still be able to access the record.

After the conviction has been removed from public databases, you can deny the conviction ever occurred -- on applications, during interviews and even on the witness stand.

Contact an Experienced Criminal Defense Attorney

Expungement is the only way to have a state criminal conviction removed from your record in Michigan. Don't let a one-time mistake from your past ruin your future opportunities or threaten your career. For more information on clearing your criminal record, contact an experienced criminal defense attorney today.

Article provided by Aggressive Criminal Defense Law Firm
Visit us at www.aggressivecriminaldefenselawfirm.com