EXPUNGEMENT ATTORNEY IN HOWELL, MI
Before you read, please be aware that it is important to consult an attorney for questions about the expungment process. Because of the complex statute and limitations, this page is not meant to be legal advice. Expungments must be considered on a case-by-case basis, and how it will apply to a particular record ca vary. Contact us at McCririe Law to know more, we are happy to assist you.
In 1965 the Michigan Legislature enabled the ability of an individual with a criminal conviction to petition for expungement after a period of time had passed since the end of their sentence.
Expungement, or the process of setting aside a conviction, removes the public record of a criminal conviction so that it cannot appear in a background check or criminal record search. The Record is, however, kept and maintained by law enforcement for private use.
Michigan will allow felony convictions to be set aside if eligible under the statute. Offenses that are not eligible include crimes against minors, disabled persons, violent offenses, some traffic offenses, and convictions for criminal sexual conduct.
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Until the passing of the Clean Slate program, individuals were limited to only being able to expunge a single conviction. once that law changed in 2011, a person was permitted to set aside an offense if they had two other minor offenses, but were committed before age 21.
2014 changed that law again, changing the participations diversion programs causing a limit on the ability to expunge an offense. In 2021, the law changed yet again, opening up he expungement process to more persons, with a simpler process, and with clear established protocol to qualify.
In 2023, there will be automatic expungement of certain offenses if the criteria are met.
Marijuana Conviction
If you have a Marijuana Conviction, you may be eligible for the convictions to be set aside based upon whether the criminal activity was not considered a crime because of the law change (after December 6, 2018) when the legalization of marijuana went into effect. Specifically, pease note (MCL 780.621E) the wording of the law: A person convicted of 1 or more misdemeanor or local ordinance marijuana crimes might petition the convicting court to set aside the convictions if they were based on activity that would not have been a crime after December 6, 2018, when a 2018 voter-passed initiative to legalize recreational use of marijuana in Michigan went into effect.
If you or someone you know has a prior marijuana conviction, please reach out to McCririe Law for assistance! (Note, a possession of marijuana by an individual under the age of 21 will not be expunge-able due to this being in violation of the recreational use laws).
Conditions
Suppose you have a conviction of other criminal offenses but not more than three felonies. In that case, you may seek expungement of the violations so long as you meet the other applicable criteria. The applicant must wait the required time from completing the probation/parole to petition to set aside the conviction.
– A person cannot seek to expunge more than two assaultive convictions.
– A person cannot seek to expunge more than one felony for the same offense if it is punishable by ten or more years of incarceration.
Period Involved
The waiting period for expungement carries the same form as the conviction. For example, if the expungement applicant has a felony conviction, he/she must wait seven years. If the crime is an assaultive misdemeanor, the applicant must wait five years. If a violation is a non-assaultive misdemeanor – then, the waiting period is five years. McCririe Law is here to help. Call our office to determine if you are eligible for expungement. Our office will complete your application and draft the necessary paperwork in support of your expungement.
First Time DUI Violations
Individuals became eligible on February 19, 2022 to expunge certain DUI offenses for first time violators. This expungement does require an application and hearing process, and will not be automatic unless the statute changes at some point in the future. The individual cannot apply for the expungement more than once, and there is a five year waiting period from the end of the term of probation, parole, or term of sentence to be able to apply.
If the first time DUI causes injury or death, it will be inelligible for expungment. CDL drivers for their first violation cannot expunge them either.
Though not required, applicants may need to provide a record to show the rehabilitative steps they have taken to address any substance abuse problem that may have contributed to the original violation. Further, expungement of a Driving Under Influence offense under this process will not result in a removal of that conviction from the driving record.
Improvement of Life Opportunities
Clean Slate laws provide an opportunity for individuals to “right their past wrongs.” New doors are opening for many in the housing, job, and education markets because of these laws. The changes will facilitate people being able to get back on their feet and lead productive lives.
We happily see many of our clients take advantage of these new expungement law changes. McCririe Law understands that some crimes are committed while one is young. However, many mature and want to progress into productive citizens with good jobs, decent housing, and generally better life opportunities with age. We can assist you with the expungement process. Contact McCririe Law at 810-229-6167 to schedule an appointment.
