Would you like to start the New Year off with a fresh start?
Today is the day where you start the process of getting a second chance by learning about expungement in Michigan. We have all made mistakes. We’ve all done things we are not proud of.
The good news is that you don’t have to live with that for the rest of your life. In some cases you can have your criminal record wiped clean.
Let’s take a look at how to get your criminal record expunged.
Expungement is defined by U.S Legal.com as,
Expungement is the process of legally destroying, obliterating or striking out records or information in files, computers and other depositories relating to criminal charge”.
Getting your record expunged does mean that records will no longer be public to any criminal background check. It does not mean that your record will get wiped clean from everything. Law enforcement, government agencies, the courts, and even some licensing agencies will still have access to an expunged record.
Read more about what expungement is in our article, How to Get Your Criminal Record Expunged Part 1.
Do You Qualify To Get Your Record Expunged?
The easiest way to determine whether or not your record can be expunged is by answering 7 specific questions. If you can answer “NO” to all 7 questions, you may be able to qualify for criminal record expungement. For more information about finding out whether you qualify or not, make sure read our article How to Get Your Criminal Record Expunged Part 2.
7 questions to determine whether or not your record can be expunged:
- Is your conviction a federal conviction?
- Are there any other states in which you have a criminal conviction?
- Not including convictions for which the judgment of guilt was deferred and not including two or less minor offenses defined in MCL 780.621(10)(b), have you been convicted of more than 1 adult criminal conviction?
- Was the crime you were convicted of a felony for which the maximum punishment was life in prison?
- Was the crime you were convicted of a felony in the first, second or third degree of criminal sexual conduct?
- Was the crime you were convicted of a traffic offense?
- When was the date of your conviction? Was it less than 5 years or has it been less than 5 years that you were released from prison?
8 Steps to Apply for Expungement
In the last article in our expungement series, How to Get Your Criminal Record Expunged Part 3, you’ll find how to apply for your expungement in 8 steps. Here is brief description of those 8 steps.
- Obtain a Copy of Your Conviction
- Complete the Application
- Sign the Application Under Oath
- File Your Application With The Court
- Send Out a Check or Money Order
- Send in The Application
- Complete the Proof of Service
Why do I need to hire an Attorney to expunge my criminal records?
Although we have covered all that you need to know about getting your criminal record expunged, it is not a simple task. The expungement process can take a great deal of time and there are many Michigan rules and regulations that need careful attention. Michigan law mandates that you must attend at least one hearing. At this hearing you may have to face objections to your petition by the victim, the prosecutor, and you may even the Attorney General of the state of Michigan.
Having an experienced attorney that is knowledgeable about the expungement process is something you do not want to do without.
I will be happy to help answer your questions and to represent you during this entire process. Please contact my office today.
248-348-7400 or 586-530-1000