MenuMichigan Eligibility Requirements for Expungement
The process of expungement in Michigan offers individuals the chance to clear certain criminal convictions from their public records. It’s a significant legal remedy that provides a fresh start, allowing individuals to move forward without the burden of past mistakes. Below, George Law clarifies expungement in Michigan, focusing on the key aspects of eligibility under the current laws.
Exclusions from Expungement
In Michigan, not all criminal convictions are eligible for expungement. Significant crimes are exempt from being expunged. For instance, convictions that carry a life imprisonment sentence, including attempts to commit felonies, are categorically excluded from expungement.
Sexual offenses form another category of crimes that are ineligible for expungement. This includes crimes like assault with intent to commit criminal sexual conduct, various offenses related to child sexual abuse materials or activities, and convictions for using a computer to commit certain sex crimes.
If you have a felony domestic violence conviction on your record and a prior misdemeanor conviction for the same, expungement is not an option.
Convictions related to human trafficking, child abuse, and all degrees of criminal sexual conduct are also ineligible for expungement.
Traffic offenses, particularly those involving impairment like driving while intoxicated, or those resulting in injury or death, are excluded from expungement eligibility.
Lastly, convictions related to terrorism, including attempts to commit these offenses, are not eligible.
General Eligibility Criteria for Expungements in Michigan
For those offenses not falling under the exclusions, Michigan’s expungement laws provide an opportunity for a clean slate. The state allows individuals to seek the expungement of up to three felony convictions and an unlimited number of misdemeanors, although with certain conditions. You can’t clear more than two convictions for violent crimes or more than one felony for the same crime if it’s punishable by over 10 years in prison.
The waiting period to apply for expungement varies depending on the severity of the conviction. For serious misdemeanors or a single felony conviction, a waiting period of five years is mandated. For individuals with more than one felony conviction, the waiting period extends to seven years. For misdemeanors, excluding serious misdemeanors and assaultive crimes, the waiting period is set at three years. These waiting periods commence from the latest of several key dates: the date of sentencing, the completion of probation, discharge from parole, or release from imprisonment.
Special Expungement Considerations for Marijuana & OWI Offenses
Michigan’s changing stance on marijuana, particularly after the legalization of its recreational use, has led to new provisions in the expungement laws. Individuals with misdemeanor marijuana offenses, which would not be crimes under the current law, can now seek expungement. This applies to drug offenses related to possession, personal use, and the sale of paraphernalia that align with activities legalized after 2018. There is no waiting period for filing an application to expunge misdemeanor marijuana convictions, making it more accessible for individuals to clear their records of these offenses.
For OWI offenses, the law now allows for the expungement of first-time convictions under specific conditions. Individuals with a single OWI conviction can apply for expungement, provided the offense did not result in injury or death. There is, however, a stipulation that only one OWI offense can be expunged in a person’s lifetime. A waiting period of five years from the date of conviction or the completion of any sentence, whichever is later, is required before applying for expungement.
Michigan Expungement Application Process
The application process for expungement begins with a thorough review of your criminal history using the Michigan State Police’s Internet Criminal History Access Tool (ICHAT). This review is important for understanding which convictions are on your record and assessing their eligibility for expungement.
Following the record review, the next step involves completing the necessary application forms. These forms vary depending on the type of conviction you are seeking to expunge. It’s important to note that separate applications are required for convictions in different courts.
Once the application is complete, it must be submitted to the relevant agencies, including the Michigan State Police and the convicting court. This submission is often accompanied by fingerprints, especially for serious offenses. The waiting period for a response can vary, but if the application is accepted, a hearing date will be set. At the hearing, a judge will review the case and make a decision on the application for expungement.
Under Michigan’s new expungement laws, some expungements of misdemeanor and felony offenses are automatic. This means that individuals don’t have to file a petition for expungement.
Role of a Michigan Expungement Lawyer
An expungement lawyer in Michigan can help you understand if you can remove certain convictions from your record. They’ll look at your situation, explain the rules, and tell you if expungement is possible for you. Your lawyer fills out and submits all the right paperwork, follows up with the court, and represents you in any hearings. They’re there to answer your questions and give you peace of mind, making sure everything is done correctly and on time.
Expungement Lawyer
The expungement process in Michigan represents a path towards a new beginning, allowing individuals to move beyond their criminal history. Each expungement case is unique, and in complex situations, seeking legal advice can be beneficial. If you’re looking to clear your record, contact George Law by calling (248) 247-7459 or contacting us online for a consultation with an expungement lawyer. They’ll review your case and guide you through the process.