Michigan criminal defense attorney

Do You Qualify to Get Your Criminal Record Wiped Clean?

Do You Qualify to Get Your Criminal Record Wiped Clean?

Would you like to be able to answer “no” when asked if you have a criminal record on a job application?

What does it mean to have your criminal record expunged?

Having a criminal record in Michigan holds you and your future back. From being picked over for jobs or never being called back when all you are trying to do is volunteer, your criminal record is holding you back.

There is a way to get your criminal record wiped clean. Let me start off by explaining what it actually means to get wiped clean.

Getting Your Criminal Record Expunged or Wiped Clean

The truth is that even after going through the process of having your criminal record expunged, your record will still show up in the court system and with the Michigan State Police.

What does happen though is that you no longer have to legally state on a job or school application that you have been convicted or arrested for that crime. If you are looking to apply for public benefits, housing or employment, you can do that as well without claiming your conviction after having your record expunged.

According to Michigan Legal Help, the reasons why the conviction isn’t eliminated from the court or the Michigan State Police is because they will know that you are not eligible to expunge another criminal record and the previous conviction could be used in sentencing if you are convicted of a crime in the future. http://www.michiganlegalhelp.org/self-help-tools/expungement/i-have-adult-criminal-conviction-i-would-set-aside-expunge

Convictions that Cannot be Expunged

There are three different types of convictions that are unable to be expunged.

  • Certain criminal sexual conduct or attempted criminal sexual convictions.
  • Traffic offense convictions.
  • Felony convictions that are punishable by a life imprisonment sentence, even if you did not receive this sentence.

7 Questions to Ask Yourself To See If You Qualify for Expungement

The Michigan Courts’ website does a great job at offering 7 questions to help determine whether or not you qualify for expungement. Below you will find those questions. If you are able to answer no to those 7 questions you may qualify for expungement.

  1. Are there any other states where you have a criminal conviction?
  2. Is your conviction a federal conviction?
  3. Have you been convicted of more than one adult criminal crime, besides convictions where the judgment of guilt was deferred and up to two minor offenses defined by Michigan Legislation Section 780.621.
  4. Were you convicted of a felony that has a maximum sentence of life in prison even if you were not sentenced to life?
  5. Were you convicted of a first, second or third degree criminal sexual conduct felony?
  6. Were you convicted of a traffic offense?
  7. When were you convicted? Was it within five years?

If you are able to answer no to all of the questions above then you may be able to qualify for wiping your public record clean.

Summary

If you think you qualify for wiping your record clean, check out my article How to Get Your Criminal Record Expunged Part 3. This article breaks down how to apply in 8 steps. If you have any questions about this process, make sure to contact an experienced and knowledgeable criminal defense attorney. Please call my office today at:

248-348-7400 or 586-530-1000

This article was published on: October 17, 2014 and was last modified November 17, 2014