Detroit Expungement Lawyer
Filing for an expungement in Michigan is a complicated, multi-step process—and not everyone who applies qualifies. For help in determining whether a Michigan expungement is an option for you, contact an experienced Michigan criminal defense lawyer at Drias Law Group today.
If you’ve ever been denied a job, professional license, or rental opportunity due to a past criminal activity, you know first-hand the pain a criminal record can cause. A criminal record can be a major setback, especially when renters, employers, or professional boards deny you an opportunity due to a past crime. But erasing a criminal record is possible in Michigan through a process known as expungement. By expunging your criminal record, and with the help of a skilled Michigan criminal defense attorney, you may be able to get your criminal record erased, depending on the nature of your crime.
Erasing a Criminal Record
Committing a crime can have long-lasting consequences, from immediate penalties, such as fines and incarceration, to lifelong prohibitions, such as difficulties applying for jobs, housing rentals, and professional licenses. In Michigan, employers, landlords, and professional boards may all ask to look into a person’s criminal record by requesting a background check. If your background check shows records of a past crime, you could be denied a meaningful personal or professional opportunity.
Expunging a Michigan criminal record can help you to overcome this barrier to advancement. With the help of a Michigan criminal defense attorney, you may be able to erase virtually all documents and computer files relating to your crime, including court documents relating to your conviction.
Qualifying for a Michigan Expungement
Many crimes are eligible for expungement in Michigan. However certain factors, including the nature of the crime, any past or subsequent convictions, and the time since the offense, can influence whether or not an individual can apply for an expungement.
- Felony expungement — A person may be able to get a felony offense expunged if it has been 5 years since the date of his or her conviction, release from incarceration, or discharge from parole, and if he or she has been convicted of only 1 felony offense and no more than 2 misdemeanor offenses
- Misdemeanor expungement — An individual may be able to expunge 1 or 2 misdemeanor offenses, so long as 5 years have passed since the date of his or her conviction, release from imprisonment, or discharge from parole, and he or she has been convicted of no more than 2 misdemeanors total and no felony offenses.
While many crimes can be erased in Michigan, there are a number of felony offenses that cannot be expunged. These include offenses for which the maximum punishment is incarceration for life, second-degree child abuse, criminal sexual conduct, human trafficking, terrorism, and serious traffic offenses. If you are unsure if your past crime qualifies for expungement, contact a criminal defense attorney at Drias Law Group for a free, initial evaluation.
Applying for an Expungement — 5 Year Waiting Period
After determining that you are eligible for a Michigan expungement, you’ll want to file an application with the court in which you were convicted. Even if your crime is eligible to be erased, you will have to wait 5 or more years after fulfilling your sentence—e.g. after completing your probation, being discharged from parole, or completing incarceration time—to submit an application.
Under Michigan law, an applicant must wait an additional 3 years if his or her petition for expungement is denied before filing another petition concerning the same conviction. Therefore, it is imperative that an applicant be eligible to apply before he or she makes his or her first expungement attempt. For help in applying for a Michigan expungement, contact a Michigan criminal defense lawyer at Drias Law Group today.
Automatic Expungements
After April 2023, Michigan will have an automatic system for expungements in place for eligible felony and misdemeanor convictions.
Up to two felony convictions will be expunged automatically ten years after either the sentencing or the defendant’s release, whichever is later.
Up to four misdemeanors will be expunged automatically seven years after sentencing occurs.
The same exclusions for felonies and misdemeanors under MCL 780.621 apply for automatic expungements.
How a Michigan Criminal Defense Lawyer from Drias Law Group Can Help Expunge Your Criminal Record
A crime committed in the past can have a life-altering impact. If you’ve ever been denied an opportunity due to a past conviction, you know the pain a criminal record can cause. From applying to a housing rental, to pursuing a new job, to seeking a professional license, having a criminal record can be a major setback. If yours is holding you back, contact one of our experienced Michigan criminal defense attorneys at Drias Law Group for a free, initial consultation at (313) 944-0236 today.
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