Call (989) 821-1225  for a free consultation to talk with Attorney Nye to discuss an expungement of your Michigan criminal record.

Generally, you can get a quick idea if you are eligible for an expungement in Michigan as follows:

First: Go online and order your own criminal history for $10 from the Michigan State Police. It is called an ICHAT report. You can also call the court clerk in the county where your conviction was entered and have that clerk send you a copy of your conviction order.

Second: How many convictions do you have on your record? You are generally eligible to set aside a conviction in Michigan if:

a.   You have 1 felony and not more than 2 misdemeanors; or
b.   You have 2 misdemeanors (you can set aside 1 or both); or
c.  You have a conviction for a criminal sexual conduct fourth degree prior to January 12, 2015 and not more than 2 minor misdemeanors (a minor misdemeanor is where the maximum possible jail is 90 days and the maximum fine is $1,000 and you were not over 21 years old at the time of the offense.)

Any convictions  from any jurisdiction in the United States are counted.

Certain types of deferred convictions under Holmes Youthful Trainee Act, domestic violence deferral, or other deferrals are counted as convictions even though they may have been dismissed.

Third: Is the offense you are trying to expunge on the prohibited list? The following convictions are not eligible to be expunged:

a.   Any felony or attempted felony where the maximum punishment is life in prison;
b.   Child abuse (MCL 750.136b);
c.   Presence of child during child abuse (MCL 750.136d);
d.   Sexually abusive activity with a child (MCL 750.145c);
e.   Use of internet to commit a sex crime (MCL 750.145d);
f.   Criminal sexual conduct in the second degree (MCL 750.520c);
g.   Criminal sexual conduct in the third degree (MCL 750.520d);
h.   Assault with intent to commit criminal sexual conduct (MCL 750.520g);
i.   Criminal sexual conduct in the fourth degree committed after January 12, 2015;
j.   Any traffic offense, including operating while intoxicated;
k.   Felony conviction for domestic violence, if there is a prior misdemeanor conviction for domestic violence;
l.   Slavery, human trafficking, or terrorist related activities (MCL 750.462a to MCL 750.462j and MCL 750.543a to 750.543z);

Note: a person convicted of prostitution can obtain an expungement if the prostitution was a result of being a victim of human trafficking

Fourth: Do you have any criminal charges pending currently? If you have any current criminal charges pending, then you will not be eligible.

Fifth: Has it been 5 years since your discharge of parole or probation? It must be at least 5 years since the discharge from your parole or probation of the offense for which you are seeking an expungement, before you are eligible to apply.

Sixth: What else do I need to know? You need to know that obtaining an expungement, which is technically called “setting aside a conviction” is a privilege not a right. Each judge considers your conduct and behavior since the conviction to determine if you may be eligible. The petition for expungement is filed in the county where the offense occurred. The prosecutor, any alleged victim, the Michigan State Police, and the attorney general have a right to object to your expungement.

Call (989) 821-1225  for a free consultation to talk with Attorney Nye to discuss an expungement of your Michigan criminal record.

 

 

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