Expungement

Having a criminal conviction on your record is not only a source of embarrassment, but can also prevent you from advancing in your professional and financial life. Almost every job application, both inside and outside of Michigan, includes a small box asking you if you’ve been convicted of a crime. Not only can a felony conviction prevent you from a job opportunity, but it can also keep you from getting admitted into schools, being approved for loans, or other benefits reserved for those with “clean records.” Even a misdemeanor conviction can prevent you from certain occupational or financial opportunities. Because there have been a lot of new changes to Michigan’s expungement laws, the Chris Kessel Law Blog is here to discuss these changes to help you better understand how they may impact you.

Expungement Laws in michigan

While there is no guarantee that your application will be granted by the court, Michigan law allows for certain convictions to be expunged from a criminal record. Regardless of whether a defendant has one or two felonies on their record, expungement is still possible. However, because the complexity of the expungement process and the several hoops required to jump through for successful removal, retaining the assistance of an experienced criminal defense attorney is critical. In Michigan for example, the following restrictions apply:

POINT ONE

If you have more than one felony on your record, you cannot have a conviction expunged.

Point Two

If you have a felony conviction on your record for which the punishment is life, or the conviction is an “attempt” to commit a crime for which the punishment is life, you cannot have the conviction expunged.

POINT THREE

If you have more than two misdemeanors on your record, you cannot have the convictions expunged.

Point Four

You cannot apply for an expungement until 5 years has passed from the completion of your sentence.

There are also a number of documents, letters, endorsements, and other items that need to be prepared for you to even be considered for an expungement. And that doesn’t even include the hearing before a judge.


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