Expungement

Expungement of a Michigan Criminal Conviction

Michigan’s criminal expungement laws provide a legal process for someone to get a fresh start by setting aside prior criminal conviction(s). You do not need to be disadvantaged or miss opportunities because of an old criminal conviction. Our criminal defense firm, located in Macomb County since 1980, has a 100% success rate in getting criminal convictions expunged (order to set aside a conviction) for eligible clients.

Getting a criminal case expunged for a client is one of the most satisfying services that we can provide at the ABDO LAW firm. However, under Michigan Law (MCL 780.621), a person must comply with the strict statutory requirements, maize of forms, various court filing and scheduling requirements before a criminal conviction can be expunged.

Expungement Requirements

Michigan has mandatory statutory requirements that must be followed to have a criminal conviction expunged. In addition, a person seeking an expungement of a criminal felony or misdemeanor conviction must meet the legal criteria.

Rule 1, Only 1 felony or 2 misdemeanors may be expunged:

  • Felony Expungement: A person who is convicted of not more than 1 felony and not more than 2 misdemeanors may petition to set aside the felony, or,
  • Misdemeanor Expungement: A person who is convicted of not more than 2 misdemeanors and no other felony or misdemeanor offenses may petition to have 1 or both misdemeanors set aside.

Rule 2, Extensive criminal record may preclude expungement: A person convicted of more than 1 felony, or more than 2 misdemeanors, is not eligible for expungement of anything. For this purpose, offenses that have been dismissed pursuant to a deferred sentence, MCL771.1, MCL 333.7411, MCL 769.4a or HYTA shall be counted as misdemeanors in determining whether a person is eligible for expungement.

Rule 3, Five year waiting period: An application to set aside a conviction shall only be filed 5 years or more after sentence, completion of probation, discharge from parole or completion of imprisonment; whichever occurs last. The maximum period of probation for a misdemeanor is 2 years and 5 years for a felony. Therefore, a person would have to wait 10 years to file for an expungement of an eligible offense after completing 5 years of probation for a felony.

Rule 4, Ineligible Expungement Offenses: The following offenses are not eligible for expungement:

  • Felony, or attempted felony, with the maximum penalty of life imprisonment.
  • Conviction or attempted convicted of a criminal sexual conduct offense. There is an exception for CSC 4 th Degree which occurred before 1/12/2015 and the offender does not have more than 2 minor misdemeanor convictions. A minor misdemeanor is an offense that does not exceed 90 days in jail and must have been committed before the offender was 21 years old.
  • A felony for domestic violence if the person has a previous conviction for domestic violence.
  • Traffic offenses or drunk driving.
What is the Effect of an Expungement?

The final phase of an expungement proceeding occurs when the Judge enters an Order to Set Aside a Conviction. The Order to Set Aside the Conviction is processed by the Court and submitted to the Michigan State Police for entry. Once entered, the conviction by the Court, State Police and other government agencies is sealed and the all information pertaining the criminal case becomes a non-public record; except for police agencies and other entities that are authorized to obtain such records. (CLICK HERE for an on-line source to obtain more detailed information about non-public records). In addition, the person who is granted an expungement may treat the offense as though it did not occur and is no longer required to disclose the conviction on applications or otherwise. However, there is a grey area when an application asks about details with respect to criminal offenses that have been expunged or dismissed. In these situations, we recommend that the person consult with an attorney.

100% Success Rate for Eligible Clients

The ABDO LAW firm knows how to navigate the Michigan expungement laws to insure that your case is handled with special care and attention in all circuit and district Courts located in Macomb County, Oakland County, St. Clair County and Wayne County.

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