Can you imagine your record being wiped clean? For many people who have been convicted of a crime, this is a very attractive thought, and one that might be realistic for some. While some cases might not fall under the ability for expungement, many are, and it is important to know that it is possible and how to make it happen.
What is Expungement?
To be expunged from a crime means that your criminal record and your prior convictions are set aside and your criminal record is wiped clean of that crime. When you have received and expungement, for most purposes, you are considered to not have been convicted of the crime at all.
For example, in a court of law, you can swear, under oath, that you have not committed that crime. In addition, you can tell an employer, honestly, that you have not committed that crime and you have a clean criminal record.
Record Sealing and Expungement in Michigan
Michigan adult expungement law was amended in January 2015 so that more people can have their criminal records erased.
Prior to this amendment, you could not have an expungement if you had more than one conviction and an addition two minor offense. With the new law, a person can petition to set aside one felony conviction if he or she has been convicted of not more one than one felon and not more than two misdemeanors.
A person can also petition to set aside one or two misdemeanors if he or she has been convicted of not more than two misdemeanors and no felonies. These details can get confusing with the ins and outs.
The main thing you want to do is determine if you fall into the category of someone that might be able to get an expungement. To help that process, here are the convictions that cannot be set aside. According to the law today, here is a list of convictions that may never be set aside:
- A felony or attempt to commit a felony for which the maximum punishment is life imprisonment.
- Child abuse in the second degree
- Production or possession of child pornography.
- Second degree criminal sexual conduct
- Third degree criminal sexual conduct
- Intent to commit criminal sexual conduct
- Fourth degree criminal sexual conduct.
- A traffic offense, including opportunity a vehicle while intoxicated
- Domestic violence conviction when a person has a previous misdemeanor.
- Human trafficking offenses.
- Terrorism offenses
If you do not fall under any of these offenses, petitioning for an expungement might be a great choice for you. For example, you may like to have your record expunged for driving with a suspended license.
Michigan Expungement Choices
When you decide you want to petition to have a conviction set aside, you have two choices: you can use an attorney or you can file yourself. It is important to know if you do petition and it is denied, you cannot bring another petition for three years.
Having a Michigan attorney with a proven track record in expungement to help walk you through this process can be extremely helpful. If you are serious about getting your recorded clear, talk to an attorney right away.
At the David J. Kramer Law Firm, PLLC, we have been able to help numerous clients get their criminal records expunged. We have seen case after case where our clients have had records set aside and can feel good about having a clear record once again. Call today to find out more:
248-348-7400 or 586-530-1000