Clearing Your Record: Understanding Expungement in Michigan
In today’s blog, we’ll dive into the topic of expungement in Michigan. Expungement is a legal process that allows individuals to clear their criminal records, providing them with a fresh start and increased opportunities in life. We’ll explore the eligibility criteria, the benefits of expungement, and the steps involved in the expungement process in Michigan.
Understanding Expungement:
Expungement, also known as “setting aside a conviction” in Michigan, refers to the legal process of sealing or erasing a person’s criminal record. This process makes the records unavailable to the general public, including potential employers, landlords, or educational institutions. Expungement offers individuals a chance to move forward without the burden of past mistakes, promoting rehabilitation and reintegration into society.
Eligibility for Expungement in Michigan:
Michigan law has recently undergone significant changes regarding expungement eligibility. The following are some key points to consider:
1. Waiting Periods: The waiting period before becoming eligible for expungement depends on the severity of the offense:
• Misdemeanors: Most misdemeanors can be expunged after a waiting period of three to five years.
• Felonies: Certain non-assaultive felonies can be expunged after a waiting period of seven years, while others may require ten to fifteen years.
2. Limited Offenses: Some offenses, such as certain traffic offenses, criminal sexual conduct crimes, and serious misdemeanors like domestic violence, are generally not eligible for expungement. However, the new laws as of 2021 have expanded the offenses that are eligible.
3. Number of Convictions: Expansions under the “Clean Slate” laws include eligibility for up to three felonies and unlimited misdemeanors, excluding certain assault or weapons offenses and felonies that carry a maximum sentence of life in prison.
Benefits of Expungement:
Expungement offers numerous benefits to individuals who qualify:
1. Employment Opportunities: With a clean record, individuals have better prospects for securing employment, as many employers conduct background checks. Expungement helps remove barriers to career advancement and increases the chances of securing higher-paying jobs.
2. Housing and Rental Applications: Expungement can positively impact housing and rental applications. Landlords often review criminal records during the screening process, and a clean record reduces the likelihood of rejection based on past convictions.
3. Professional Licensing: Some professions require obtaining a license, and certain criminal records may pose obstacles in the licensing process. Expungement can improve one’s chances of obtaining licenses for various occupations, such as healthcare, real estate, and finance.
The Expungement Process in Michigan:
To initiate the expungement process, individuals must follow these general steps:
1. Determine Eligibility: Review your criminal record and understand the waiting periods, offense types, and conviction limits to assess your eligibility for expungement.
2. Obtain Necessary Documents: Gather all relevant documents, including court records, sentencing orders, and any other supporting materials related to your convictions.
3. Complete the Application: Fill out the necessary expungement application forms, which vary depending on the county or jurisdiction. Ensure accuracy and provide all required information.
4. File the Application: Submit the completed application to the appropriate court or jurisdiction along with any associated fees. Keep copies of all documents for your records.
5. Await the Decision: The court will review your application, and a hearing may be scheduled. It’s important to adhere to any court instructions or requirements during this process.
6. Post-Expungement Benefits: Once the expungement is granted, enjoy the benefits of a clean record. Remember, expunged records are generally sealed from public view, but certain government entities may still have access to them.
Expungement offers individuals a fresh start, removing the barriers imposed by convictions. Call us today to start your expungement process!
