Are you wondering how to apply to have your criminal record expunged?
Are you ready to have your criminal record eliminated?
Welcome back to our 3 part series on How to Get Your Criminal Record Expunged. On Monday, we reviewed what Expungement is in How to Get Your Criminal Record Expunged Part 1. On Wednesday, we examined what it takes to possibility qualify for having your record expunged in How to Get Your Criminal Record Expunged Part 2. Today, we are taking a look at how to apply for Expungement.
The First Thing to Know
Even without an attorney, this process is going to cost you money. You can plan to pay at least $100. According to the Michigan Courts website, having an attorney to help you with this process may give you the assurance that this application will get approved/
8 Steps to Applying
With the help of the Michigan Courts Website, we have broken up the application process into 8 steps.
Step 1. Obtain a Copy of Your Conviction that is Certified.
On Monday, we talked about the importance of retrieving a copy of your conviction and here is that step comes in handy. There will be a fee of about $10 and an additional $1 for every page of the record.
Step 2. Fingerprints
At your local law enforcement agency, request a fingerprint card and have yourself fingerprinted on a applicant card (R 1-8). You only need one and you have no need to make copies.
Step 3. Complete the Application
The application is called Application to Set Aside Conviction, form MC 227. Make 5 copies of the certified copy of your conviction. Make sure to follow the directions completely and do not sign the application yet.
Step 4. Sign the Application Under Oath
Once you have completed the application, you will want to take it to a notary public and you will need to sign the application in the presence of the notary. Make sure to bring your photo ID. Here you can either sign all 6 copies of the application in front of the notary or you can sign one and make 5 copies.
Step 5. File Your Application With The Court
Typically, it is a good idea to file the application in person. Make sure to file at the court at which you were convicted. Take all 6 copies to the clerk at the courthouse. The clerk will keep one of the copies and will return 5 to you. The clerk will write the name of the judge on all the copies of the application. These 5 remaining will be given to the prosecuting official, Michigan State Police and Attorney General. The next step will be the Notice of Hearing. The clerk may be able to assign the hearing at the time of filing.
Step 6. Send Out a Check or Money Order to the State Of Michigan
The application fee is $50 and in the form of money order or check should be made out to the State of Michigan. This fee is sent to the Michigan State Police along with the application for processing.
Step 7. Send in the Application
While at the court you can ask how to get the correct information for the prosecuting official’s address.
- Send a copy of your application to the prosecuting official address.
- Send the application fee, the fingerprint card and a copy of your application packet to the Michigan State Police at:
Michigan State Police
Criminal Justice Information Center
PO Box 30634
Lansing, Michigan 48909
- Send a copy of your application to the Attorney General at:
Office of the Attorney General
PO Box 30217
Lansing, Michigan 48909
Step 8. Complete the Proof of Service
On the last 2 copies fill out the Proof of Service on the bottom of the form, write the date that you mailed out the application to the Attorney General, Michigan State Police and the prosecuting official. Date and sign the proof of service. Lastly, take the Proof of Service into the court to show Attorney General, Michigan State Police and the prosecuting official that you have mailed all your copies.
There you have it: All you need to know about Expungement. If you are not comfortable that you comprehend the entire process, that is understandable because it is a long procedure. This is where an experienced attorney can benefit you because they have the experience and are experts in the field. This process could free you from the criminal record that has been holding you back, and you do not have to go it alone.
Please call me at:
248-348-7400 or 586-530-1000