Expungement

A criminal conviction can follow you long after your case is closed. It can impact your ability to find employment, secure housing, and move forward in life. In Michigan, certain convictions may be eligible to be expunged or set aside, meaning they are removed from public view while still remaining accessible to law enforcement.

Recent changes to Michigan law have expanded eligibility for expungement, allowing more individuals the opportunity to clear their records. These updates include broader qualification criteria and, in some cases, the introduction of automatic expungement for specific offenses over time.

What Is The Law In The State Of Michigan On Expungements?

Not every conviction qualifies, but many people are surprised to learn they may be eligible. In general, individuals with a limited number of felony and misdemeanor convictions may apply to have their record set aside, provided they meet certain requirements related to the type of offense and the amount of time that has passed.

There are limits on how many convictions can be expunged and restrictions on certain types of offenses, particularly those involving violence, serious harm, or specific criminal conduct.

From April 11, 2021 And Forward

• A person convicted of 1 or more criminal offenses including felonies and misdemeanors, but not more than a total of 3 felony offenses, may file an application with the convicting court to expunge all of his or her convictions, with the following exceptions:
  • A person cannot seek to expunge more than 2 “assaultive crime” convictions during his or her lifetime, or
  • A person cannot seek to expunge more than 1 felony conviction for the same offense if it is punishable by more than 10 years’ incarceration.

Pursuant to MCL 780.621b(1), “more than 1 felony offense or more than 1 misdemeanor offense must be treated as a single felony or misdemeanor conviction if the felony or misdemeanor convictions were contemporaneous such that all of the felony or misdemeanor offenses occurred within 24 hours and arose from the same transaction, provided that none of those felony or misdemeanor offenses constitute any of the following:

• An assaultive crime defined by reference to other statutes.
• A crime involving the use of a dangerous weapon
• A crime with a maximum penalty of 10 or more years’ imprisonment
• An out-of-state conviction for which the underlying conduct would be an assaultive crime in Michigan

While some traffic offenses can be expunged, an order expunging a conviction for a traffic offense cannot require that the Michigan Secretary of State remove or expunge the conviction from the person’s driving record.

MCL 780.621G

CHECKLIST FOR NON-MISDEMEANOR MARIJUANA ADULT OFFENSES

Waiting Time

• MCL 780.621(d)
• The waiting time for filing an application to expunge a felony conviction is at least 7 years from the latest of the following events: date of the sentencing, completion of a term of probation, discharge from parole, or completion of any term of imprisonment.
• The waiting time for filing an application to expunge a misdemeanor conviction will be at least 3 years from the latest of the following events: date of the sentencing, completion of a term of probation, discharge from parole, or completion of any term of imprisonment.However, if the conviction is for a serious misdemeanor or an assaultive crime, the waiting time for filing an application to expunge the misdemeanor conviction will be at least 5 years from the latest of the events noted above.

• If you obtain another conviction during the waiting time under the new law, you will be disqualified from expunging the prior conviction.

Excluded Offenses:

• All offenses punishable by life imprisonment
• Assault with intent to commit criminal sexual conduct
• Child sexually abusive material or activity offenses
• Felony domestic violence if the person has a previous misdemeanor conviction for domestic violence
• Fourth-degree criminal sexual conduct (committed after January 12, 2015)
• Human-trafficking-related offenses
• Second-degree child abuse
• Second-degree criminal sexual conduct
• Terrorism-related offenses – includes convictions for attempts to commit any of these offenses
• Third-degree criminal sexual conduct
• Using a computer to commit sex crimes offenses
• Some traffic offenses, including those that cause injury or death, and commercial drivers license offenses are not eligible.

Having a conviction on your record can create long-term barriers. Clearing or sealing that record can open doors to new opportunities and help you move forward without the burden of your past holding you back.

If you have completed your sentence and met all requirements, you may be able to take the next step toward a clean slate. One mistake should not define the rest of your life.

We Help You Take the Next Step

Our firm has extensive experience working within Michigan’s court system and understands how to navigate the expungement process effectively. We will evaluate your case, explain your options, and determine the best path forward based on your specific situation.

We understand that budget may be the only thing keeping you from clearing your record. At Michigan Criminal Lawyers, our payment plans and credit card acceptance means you can afford the BEST criminal law defense!

Contact our offices today, and get started on a new future.

Can any conviction be expunged?

If you are unsure whether your conviction qualifies, the best step is to speak with an attorney. We will provide a clear, honest assessment and help you understand what is possible.

Contact our offices to schedule a consultation with one of our expungement attorneys TODAY.