A criminal record can adversely affect many aspects of your life, including your education, your job, and where you can live. If your criminal record is holding you back, you may want to reach out to a Detroit expungement lawyer who can help you understand your rights. I am Jonathan Jones, a criminal defense attorney with over 20 years of experience. I will carefully examine the facts of your case and help you determine whether you are a candidate for expungement or other post-conviction relief under Michigan law. I understand the serious consequences that a criminal conviction can have on your life, and if you are eligible to have a conviction expunged, I can guide you through each step of the process. When you call my office, you will speak directly to an attorney rather than a call center. I recognize the emotional burdens that my clients are facing, and I am committed to providing them with personalized attention.Who is Eligible for Expungement?
Expungement is the term for setting aside a conviction. It refers to the court-ordered process by which the legal record of an individual’s arrest or criminal conviction is “sealed” or erased in the eyes of the law. When your criminal record is expunged, the public cannot access records related to your crime. Each state has its own definition of expungement, based on different rules and laws. In Michigan, there are strict requirements to access this privilege. Under Michigan’s Second Chance Law, expungement is generally possible for people who meet the following criteria:
- The individual must have not more than one felony conviction and/or no more than two misdemeanor convictions. This means nothing with a maximum penalty equal to or greater than ninety days.
- At least five years must have passed since completion of sentence.
- The Court CANNOT expunge anything under the traffic code, including DUI, as well as a capital offense, most sex crimes, or child abuse.
- If an individual has two misdemeanors and no other convictions, that person can have both misdemeanors expunged at the same time.
- It is important to note that if your prior conviction ended with a deferred sentence, a plea under advisement, or a sentence under the Holmes Youth Training Act or 7411 (a law covering first-time drug offenders), that proceeding would count as a misdemeanor.
Following procedural rules is critical when seeking expungement. Once we have determined that you qualify to file for expungement, you can rest assured that we will fill out the proper paperwork and follow the statutory guidelines in your case. Among other information, your application must include: your name and address, a certified record of the conviction to be set aside, and a statement that the applicant has not been convicted of another offense. It also must state whether the applicant previously filed an application for expungement for any other conviction and whether the applicant has any other pending criminal charges, and it must provide consent to the use of the nonpublic record under Michigan Statute 780.623. Once your application is complete, you must file it with the court that handled your case. A copy of your application must also be provided to the prosecutor, the state police, and the attorney general.
If your criminal record is expunged, you can legally tell employers, educational institutions, landlords, or other parties that you have never been convicted of a crime. In addition, when a conviction is set aside, it will not show up in a background check.Contact an Experienced Expungement Lawyer in the Detroit Metro Area
You may be able to set aside your criminal conviction and move on with your life. If you believe that you are eligible for expungement, you should consult a skilled Detroit expungement attorney as soon as possible. For over two decades, my firm has been exclusively dedicated to criminal defense. I understand how stressful dealing with a criminal conviction can be because of the uncertainty that it creates about your future. You can rest assured that I will vigorously advocate for your rights throughout the entire legal process. I represent people throughout Oakland, Macomb, and Wayne Counties, among other areas of Michigan. For more information about your legal rights and options, you can call or text me at 248-310-3399. Alternatively, you can contact us online to seek advice if you need a drug crime lawyer or assistance with any other type of criminal matter.