Michigan Expungement Law Overview
Michigan’s adult expungement law has been amended as of January 12, 2015 to potentially permit more people to have their criminal records expunged. You may want to have a conviction set aside if you are looking for a new job or a professional license. Many employers and licensing boards will hold a conviction against you or use it to disqualify you. If your conviction is set aside, most employers will not be able to see it with a background check.
Under the new law, a person can petition to set aside one felony conviction if he or she has been convicted of not more than one felony and not more than two misdemeanors. In addition, a person can petition to set aside one or two misdemeanors if he or she has been convicted of not more than two misdemeanors and no felonies.
An application may be filed by a person 18 or more years old, five (5) or more years after whichever of the following events occurs last:
(a) Imposition of the sentence for the conviction that the applicant seeks to set aside.
(b) Completion of probation imposed for the conviction that the applicant seeks to set aside.
(c) Discharge from parole imposed for the conviction that the applicant seeks to set aside.
(d) Completion of any term of imprisonment imposed for the conviction that the applicant seeks to set aside.
Remember, an Application to Set Aside a Conviction is a privilege, and not a right. The court has discretion and may enter an order granting the application only after the court determines that a person’s post-conviction circumstances and behavior warrant setting aside the conviction and that it is consistent with the public welfare.
Additionally, the following convictions 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
– Assault with the intent to commit criminal sexual conduct
– Fourth degree criminal sexual conduct conviction after January 12, 2015
– A traffic offense, including operating a vehicle while intoxicated
– Felony conviction for domestic violence, if the person has a previous misdemeanor for domestic violence
– Human trafficking offenses
– Terrorism offenses
Under the amended expungement law, if you petition to have a conviction set aside and your petition is denied, you cannot bring another petition for three years. If you think you may be eligible to have a conviction expunged, consider seeking legal advice before you petition to have the conviction set aside.
Call us today for a free consultation. A mistake in your past should not follow you for the rest of your life. If you were convicted of a misdemeanor or felony it may cause you to miss out on job opportunities, loans or licenses. Don’t let your past control your future, call our law firm to set up a free consultation to discuss cleaning up your record and moving on to a productive future.