Having a criminal record can feel like an anchor, weighing down your opportunities for employment, housing, and even personal relationships. The good news? Michigan law has made it easier than ever to expunge certain criminal records, offering a fresh start to many individuals. This spring is the perfect time to take action and clear your name. In this comprehensive guide, we'll walk you through the entire expungement process in Michigan step by step.
Are You Eligible for Expungement in Michigan?
The first step in the expungement process is determining whether you’re eligible. Michigan’s "Clean Slate" law, enacted in 2021, significantly expanded eligibility for criminal record expungements. Here's what you need to know:
- Most Misdemeanors: Up to three misdemeanor convictions can be expunged after a three-year waiting period.
- Felonies: Up to two felonies may be expunged, but only after a five-year waiting period.
- Automatic Expungements: Starting in April 2023, certain misdemeanors and low-level felonies may be automatically expunged without filing a petition.
- Ineligible Offenses: Not all crimes qualify. Serious felonies like murder, felony domestic violence (if you have a prior domestic violence conviction), and child abuse cannot be expunged.
If you're unsure whether your record qualifies, contacting an experienced criminal defense attorney is highly recommended.
Step-By-Step Guide to Expunging Your Criminal Record in Michigan
Step 1: Obtain a Copy of Your Criminal Record
Before filing a request for expungement, you need to obtain a copy of your criminal record. You can do this by:
- Visiting the Michigan State Police website.
- Requesting your record from the court where you were convicted.
Step 2: Determine Eligibility
Review your record to confirm whether you meet the eligibility requirements outlined earlier. If you're unsure, an attorney can evaluate your case and confirm whether you qualify for expungement.
Step 3: Complete the Application
You will need to fill out Michigan's Application to Set Aside Conviction (Form MC 227). Ensure that all information is accurate to avoid unnecessary delays.
Step 4: Obtain Fingerprints
Michigan requires individuals applying for expungement to submit a fingerprint card. You can get fingerprinted at your local law enforcement agency. This will be submitted with your application.
Step 5: Submit Your Application
Send your completed application, supporting documents, and processing fees to:
- Michigan State Police
- The prosecutor’s office in the county where you were convicted
- The Michigan Attorney General
Step 6: Attend the Court Hearing
Once your application is received, the court will schedule a hearing. You'll need to appear before a judge, who will review your case and determine whether to grant your expungement. It’s strongly recommended to have legal representation at this stage.
Step 7: Wait for the Judge’s Decision
If your expungement is approved, your record will be cleared, allowing you to move forward with a fresh start. If denied, you may have the option to reapply after a set period.
What About Michigan's Automatic Expungement Law?
Michigan has started automatically expunging certain convictions from criminal records. Here’s how it works:
- Non-serious misdemeanors are automatically expunged after seven years.
- Eligible felonies are automatically expunged after ten years.
- A maximum of two felonies and four misdemeanors can be automatically cleared.
If your conviction qualifies for automatic expungement, you don't need to file an application. However, if your record isn't automatically cleared, you should file manually.
Why Should You Expunge Your Criminal Record?
Expunging a criminal record comes with life-changing benefits, including:
- Improved Job Opportunities: Employers often run background checks. A clean record increases the chances of securing better employment.
- Restored Civil Rights: In some cases, expungement can restore rights lost due to a conviction, such as firearm possession.
- Easier Housing Applications: Landlords often screen tenants. A clean record prevents rejections based on past convictions.
- Peace of Mind: Knowing your past mistake no longer limits your future is invaluable.
Need Help Expunging Your Criminal Record?
The expungement process is complex, and having an experienced attorney by your side can make all the difference. If you’re looking to clear your record this spring, you need a legal expert who understands Michigan law inside and out.
Attorney Aaron J. Boria has successfully helped numerous clients get their records expunged. Don’t let a past mistake hold you back—call (734) 453-7806 today for a free consultation.
Final Thoughts
Expungement in Michigan is more accessible than ever, offering countless individuals a second chance. If you’re eligible, now is the time to take action. Gather your documents, complete your application, and prepare for your hearing. With the right legal assistance, you can leave your past behind and walk into a brighter future.
Interested in clearing your record? Don't wait—reach out to an experienced expungement attorney today and start fresh this spring.
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