Changes to Michigan’s expungement law make it easier to have your criminal record expunged, creating new opportunities for jobs, housing, and education. While these changes make more people eligible for criminal record expungement, the new expungement laws are more complicated than ever.
Elmen Legal can explain how expungement works in Michigan and how changes to Michigan’s expungement law might affect you. If you are eligible for record expungement, Elmen Legal can file your expungement paperwork and represent you in any court proceedings regarding your criminal record expungement.
Robert Elmen is a talented and sought-after criminal attorney in Michigan. He is proud to help people put their criminal record behind them and move forward with their lives by representing them in a criminal record expungement. To put his experience to work for you, contact Elmen Legal today.
Expungement is the legal process of removing a person’s criminal record or shielding it from public view. While Michigan’s expungement statute refers to “setting aside” a conviction, the legal process of seeking a set aside is called expungement. These terms are often used interchangeably and make it so information regarding a person’s criminal history is sealed and can only be accessed by law enforcement officers, judges, and court officials, but not by members of the public, employers, or landlords running background checks.
Michigan’s “Clean Slate law" was passed in 2020 and increased access to expungement in the following ways:
Nonetheless, the statute created numerous exceptions to expungement, and it is important to evaluate expungement with these exceptions in mind. If you do not fully understand Michigan expungement law, you could miss out on an opportunity to have your record expunged or lose a petition for expungement that a lawyer could have won.
Despite recent changes, Michigan’s expungement law is still complicated.
To seek criminal record expungement, you must file an Application for Expungement in the court where the original conviction occurred. The application must be signed by the applicant under oath. The application must contain:
The application must be filed with the proper court, with a copy served upon the prosecuting attorney for the case and the Attorney General’s Office. A copy of the application and the applicant’s fingerprints must be sent to the Michigan State Police along with a $50 check payable to the State of Michigan.
Most courts provide basic instructions on how to complete the form. However, many judges will deny an application for expungement if there is even a slight deviation from the correct legal process.
Beginning April 10, 2023, up to 2 felonies and 4 misdemeanors will be automatically set aside. However, you must meet certain standards to qualify and the automatic expungement will not occur for between 7 and 10 years after the completion of the sentence, depending on the nature of the crime.
In most cases, the waiting period is shorter if you file a Petition for Expungement. Many people prefer making the effort to file a Petition for Expungement so they can complete the process as soon as possible. In some circumstances, an offense does not qualify for automatic expungement but does qualify for expungement by petition.
Michigan expungement law is complicated, and even some lawyers have difficulty obtaining expungement for clients with multiple criminal convictions. Elmen Legal can help with even the most complex applications for expungement before the most difficult of judges.
For answers to your questions about Michigan expungement law or to begin the process, call (734) 707-8915 or contact Elmen Legal online today.
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