In Michigan, the process of expungement is known as having your criminal record set aside. This means that your conviction is hidden from public view. In most cases, after your record is set aside, you won’t have to disclose to potential employers that you were convicted of a crime. Only courts and certain government agencies can view a conviction that has been set aside.
If you have been convicted of no more than one felony and no more than two misdemeanors, you can petition to set aside the felony conviction. If you have been convicted of two or fewer misdemeanors and no other felony or misdemeanor offenses, you can petition to set aside one or both misdemeanor convictions. You must wait five years after your conviction or after your release from prison, parole or probation before you can apply to have your record set aside. Once you have an adult conviction set aside, you are not eligible for future expungements. You are only allowed one expungement per lifetime.
If you were convicted of a felony, or an attempt to commit a felony, for which the maximum possible penalty is life imprisonment, you would not be eligible to have that set aside. If you were convicted of a felony violence and have a previous misdemeanor violence conviction, you cannot set that aside. If you were convicted of a human trafficking offense, you cannot set that aside. If you were convicted of fourth degree criminal sexual conduct on or after January 12th of 2016, that cannot be set aside. Also, if you were convicted of committing, or attempting to commit, one of the specified child abuse, child sexual abuse, or criminal sexual assault crimes, you cannot set those aside. If the conviction you are trying to set aside is a traffic offense, including the crime of driving while intoxicated, you cannot set aside those convictions either.
After completing the application to set aside a conviction, you file it with the court where you were convicted. Then you need to submit a copy of your application, a complete set of finger prints, and the required fee to the Michigan State Police. You must also send additional copies of your petition to the Attorney General and the prosecutor who handled your case. This is so that the prosecutor and Attorney General can, if they feel it is necessary, contest your application. The court will then hold a hearing on your application, where you can explain why your conviction should be set aside. It helps if you can show the judge that you’ve stayed out of trouble since that conviction and have become a good member of the community.
If the judge determines that your record should be set aside, he or she will sign an order to set aside your conviction and then file it with the court. That is then forwarded to the Michigan Department of Corrections.
There is no set time period, but it does take a while, because you do have to send in your fingerprints to the state police. You also have to send copies of the application to the Attorney General of Michigan as well as the prosecuting attorney who handled the conviction. Usually, the hearing will be set out about 90 days to ensure sufficient time for the state to do their work and to have their reports in.
If your record is expunged you do not need to disclose that conviction. Some government agencies can access it, the state police can access it, but employers cannot.
For more information on Expungement Or Set Aside In Michigan, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (248) 869-0030 today.