Expungement

Big changes have come to Michigan’s expungement laws. It begins with the expansion of the type and number of offenses that can be expunged. Eventually, the process will include automatic expungement of specific crimes. But, until that happens, McCririe Law is here to help.

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.

New Expungement Law for First Time DUI/OWI Offenders 

A new law (since August 2021) allows those people charged with OWI to expunge a criminal record if it is the first offense and it’s five years after their probationary time. Additionally, the first time offender must meet the following criteria:

  • Any person operating a vehicle with a BAC of .08 or more 
  • Any person operating a vehicle while visibly impaired by alcohol or other controlled substance 
  • A person under 21 years old operating a vehicle with a BAC of .02 or more 
  • Any person from operating a vehicle with any bodily amount of cocaine or a Schedule 1 controlled substance 

Expungement applicants must go through a judicial process and not cause death or serious bodily injury to another during the first-time OWI incident.

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.