Expungement of criminal offenses is the process by which a person can wipe their past convictions from public view and get them cleared from the public record. It is a great way to avoid negative consequences of having a criminal record such as being denied housing, employment, financial aid or other benefits that are normally available to people without a criminal history.
In Michigan, new laws are taking effect this spring that will make it easier for people to clean up their records. These laws are also expanding the types of crimes that are eligible for expungement.
These changes mean that people with up to three felony convictions, and two misdemeanor convictions can apply for an expungement. This is a huge change in the law and a welcome one.
However, there are still some limitations. Felonies with a maximum sentence of ten years or more can no longer be expunged, and there are limits on the number of assaultive convictions that can be set aside.
It can take months to prepare and file an expungement application and there are numerous rules that must be followed in order to qualify for the legal process. This is why many people do not even attempt to do it on their own.
Depending on your situation, it may be in your best interest to contact an experienced and qualified Michigan criminal defense attorney for assistance with an expungement application. An attorney can help you navigate the process of filing your petition and overcoming any objections from prosecutors or crime survivors.
In addition, the attorney can help you obtain a certified copy of your records from the court where you were convicted and obtain fingerprinting services. This is important because it is a requirement of the Michigan Department of Corrections and will also be required for an expungement hearing in front of a judge.
The lawyer can also provide information on the process of expungement, including what documents are necessary, what court forms to use and how to prepare for a hearing in front of a judge. This can be a long and complicated process, so it is always best to contact an experienced Michigan expungement attorney for guidance.
There is a waiting period for felony and misdemeanor convictions before you can request an expungement. For example, a first-time felony conviction requires you to wait five years from the date of your sentence before applying to have your conviction set aside.
If you have more than one conviction, the prosecutor will need to prove that the offenses were committed on the same day and under the same circumstances. For instance, if you were convicted of driving while intoxicated and another offense that was a traffic violation, then the prosecutor will need to show that both convictions were committed on the same day and under similar circumstances.
You can get a felony or misdemeanor conviction expunged as long as you did not commit any other criminal offenses in the five years prior to submitting your application to set aside your conviction.
The expungement process allows you to have a criminal conviction removed from your public record. This prevents the general public from seeing your conviction and allows you to avoid employment ramifications associated with having a criminal history. However, it can also be difficult to navigate the process and there are many requirements that must be met to get your case approved by the court.
The process of expunging your records in the state of Michigan requires a lot of paperwork, exchanges between various agencies, and a hearing with the presiding judge to clear your criminal record. This is why it is important to hire a qualified and experienced attorney for this process.
During the expungement process, you will have to provide documentation that supports your claim to have changed since your criminal convictions were made. This can be in the form of personal reference letters or testimony from witnesses who witnessed your change in behavior. It is a very complex process that can take months to complete and you should not attempt to do it on your own.
A criminal conviction can have long-lasting consequences, not only for your criminal history but for your ability to obtain a job or other types of employment. It can also make it difficult to find a safe place to live, obtain financial assistance, or own a firearm.
Under new laws, people with eligible offenses can have their records cleared from the public record automatically if they meet certain conditions and are granted an expungement. These convictions can be a variety of different types and include minor misdemeanors, felonies that are no more than two years old, and even felony marijuana convictions that were made before recreational marijuana was legalized in 2018.
This new law will help more people clear their records and start a fresh. It will allow people to petition the courts to have their convictions set aside and will also create a framework for automatic expungement, which will begin in April 2021.
The Michigan Legislature has expanded the eligibility for expungement and created a framework for automatic expungement under new laws that take effect this spring. These changes are a win for Michigan residents who want to erase their criminal records and seek a second chance in life.
You can find out if you qualify for expungement by visiting the website of the Michigan Supreme Court here. There you will be able to find out if you are eligible, the forms that you need to complete, and the time frame for applying.
If you would like to have your convictions cleared from your criminal record, you should contact a knowledgeable and skilled Michigan expungement lawyer who can assist you in navigating the process. An attorney will know how to prepare your petition and present it to the judge.
The new law includes automatic expungement for certain convictions, as well as expanding the types of crimes eligible for an expungement. However, the new expungement process is a complicated process that requires careful attention to multiple rules and regulations. It can also be a lengthy and difficult process that is best handled by an experienced Michigan expungement attorney with the knowledge and skill to help you succeed in your expungement case.
Expungement is an important and life-changing opportunity for many individuals who have served time in jail, or otherwise had a criminal conviction. It allows a person to erase a crime from their record, which can lead to better jobs, higher earnings and lower recidivism rates.
If you have a criminal conviction, it can be extremely difficult to find work or to obtain housing and other assistance. Even if you have a job, a potential employer will want to perform a background check that can reveal a criminal history.
This can be especially troublesome if you have a prior criminal record that includes a felony, since a conviction of this type can result in a much harsher sentence than one for an offense like driving while intoxicated. This is why it is so important to seek an expungement of your criminal record as soon as possible, before you are forced to live with the consequences of a previous criminal conviction.
To be eligible for an expungement, a person must show that their circumstances and behavior justified setting aside the conviction, and that the offense was not against the public welfare.
In addition, the petitioner must be able to show that they have made positive changes in their lives, which can include taking college classes, going to work, getting a job, volunteering for community organizations or any other steps they have taken to improve their life. Having these steps documented can help the judge see that you are truly trying to change your life for the better and give them the confidence to grant your expungement.
Paul J Tafelski, Michigan Defense Law | Criminal Attorney and DUI Lawyer
2525 S Telegraph Rd suite 100, Bloomfield Hills, MI 48302, United States
(248) 451-2200