Expunge Criminal Record

Michigan Records Expungement Attorneys

Michigan law allows the expungement of the record of a one-time criminal offender if he or she satisfies all of the requirements of the Expungement Statue, MCL 780.621. An petition for expungement of a criminal record may not be filed until five years after the completion of a prison term or imposition of a sentence, whichever occurs later. Upon a petition to the court, the court will weigh your "circumstances and behavior" against the "public welfare". In other words, the petitioner has the burden of proving to the court that his or her actions and behavior from the date of the conviction until the time of the application are consistent with the goals of protecting public welfare and warrant the expungement of the criminal conviction. The court must make a sufficient analysis of the facts and circumstances in your case and cannot deny your request without explanation as to the basis of the determination.

While under most circumstances one-time criminal offenders are eligible for expungement, there are certain crimes which are specifically excluded and cannot be expunged. For example, any conviction where the maximum punishment is life imprisonment or an attempt to commit a felony for which the maximum punishment is life imprisonment may not be expunged by the court. Additionally, a conviction for Second Degree Criminal Sexual Conduct, Third Degree Criminal Sexual Conduct or Assault with Intent to Commit Criminal Sexual Conduct may not be expunged. Since CSC 1st degree is potentially punishable by up to life in prison, a conviction cannot be expunged. Again, a person with more than one conviction including all felonies and misdemeanors is not eligible for expungement.

The lengthy application process involves the gathering and drafting of specific documentation and court records. An application will be considered invalid unless it contains all of the information required by the court. It is important to have attorneys represent you that understand the process of expungement and can work quickly and efficiently to obtain all of the necessary documentation. An expungement may be the best investment that you could ever make. The benefits include but are in no way limited to: telling a prospective employer that you have not been convicted of a crime; being eligible for student loans; being eligible for housing assistance; being eligible for more types of professional licenses and certificates; telling friends and family that you have not been convicted of a crime; and stop fearing or being embarrassed when someone does a background check on you. An expungement eliminates all public records of the single criminal conviction.

Don't let a criminal conviction be a shadow on your life. By expunging your record you can legally and honestly say that you have not been convicted of a crime!

Contact us about your legal matter today!