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Each November, Michigan welcomes home veterans and active-duty service members who have completed their deployments or active obligations. For many, returning to civilian life is filled with pride and opportunity, but for others, it may come with legal and administrative challenges. Whether it’s an old criminal record, confusion about benefits, or questions surrounding reinstatement of rights, understanding Michigan law is essential to starting this new chapter on the right foot. This article explores Michigan’s laws concerning veterans, criminal records, and expungement options—helping service members navigate life after service with clarity and confidence.

Understanding Your Legal Rights as a Veteran or Service Member in Michigan

Veterans hold the same fundamental legal rights as all citizens, but Michigan law also recognizes the unique role of those who serve in the armed forces. The state provides special programs, diversion courts, and legal protections designed to ease the transition back into civilian life. Knowing your rights can make all the difference if you are facing criminal charges, dealing with a past conviction, or trying to restore your name after service.

1. The Michigan Veterans’ Treatment Court

Michigan operates veterans’ treatment courts (VTCs) across multiple counties, including Wayne, Oakland, and Washtenaw. These courts are specialized dockets within the district and circuit court systems that focus on treatment and rehabilitation rather than punishment. They are available to veterans and service members charged with certain nonviolent criminal offenses that can be linked to service-related conditions, such as PTSD, traumatic brain injury, substance abuse, or mental health struggles.

Michigan’s VTCs follow a team-based approach involving judges, prosecutors, defense attorneys, VA representatives, and treatment providers. The goal is to address the root causes of criminal behavior and support the veteran’s reintegration into society. Successful completion often results in reduced charges or dismissal of the case altogether.

2. Rights Under the Servicemembers Civil Relief Act (SCRA)

While the SCRA is a federal law, Michigan courts are required to honor it. The SCRA offers protections for active-duty service members, including delaying certain court proceedings, preventing default judgments, and limiting interest rates on existing obligations. Michigan attorneys and judges regularly apply the SCRA’s provisions in landlord-tenant disputes, foreclosures, and contractual claims. Veterans returning home should know that some rights transition with them, particularly when resolving legal or financial matters that began during active service.

3. Job and Licensing Rights Under Michigan Law

The state of Michigan prioritizes veterans in public employment and professional licensing. Under MCL 35.402 and related statutes, veterans who complete active duty with honorable or general discharges receive hiring preferences for some government positions. Additionally, Michigan’s Department of Licensing and Regulatory Affairs (LARA) offers expedited licensing for veterans whose military training aligns with civilian licensure requirements. This streamlined process helps vets quickly reintegrate into the workforce and begin earning again without unnecessary red tape.

Understanding Your Criminal Record in Michigan

One of the most significant hurdles some veterans face when returning home is dealing with a prior criminal record. Whether the offense occurred before, during, or after military service, it’s vital to understand what’s on your record and how it might affect your future. In Michigan, criminal records are maintained by the Michigan State Police and can be accessed through the Internet Criminal History Access Tool (ICHAT).

1. Types of Criminal Records

  • Arrest Records: These document any arrests made in Michigan, regardless of whether charges were filed.
  • Conviction Records: These are official records of cases where a person was found guilty or entered a plea.
  • Expunged/Set Aside Records: When a record is expunged, it is removed from public view and can only be accessed by certain law enforcement agencies.

2. How Criminal Records Affect Veterans

A criminal record can make it difficult to secure employment, housing, or certain veterans’ benefits. Michigan employers are not permitted to ask about expunged records, but unexpunged convictions can appear on background checks. Veterans who are applying for professional licensing, seeking new careers, or returning to school may find that clearing their records through Michigan’s expungement process provides much-needed relief and opportunity.

3. Reviewing Your Michigan Criminal Record

Before exploring expungement, it is important to review your record fully and ensure that no errors exist. Mistakes in reporting can happen, especially if your legal issues were resolved years ago or in multiple jurisdictions. You can request a copy of your record through ICHAT or directly from the Michigan State Police. If you find inaccuracies, such as dismissed cases still appearing as active convictions, you can petition for corrections before filing for expungement.

Exploring Expungement Benefits in Michigan

Michigan’s expungement law, also known as the “Clean Slate” law, has undergone major updates in the past few years, making it easier than ever for veterans and civilians alike to clear certain criminal convictions. Expungement, legally known as setting aside a conviction, removes the conviction from public access, allowing you to legally state that you have not been convicted of that crime (with some exceptions).

1. Michigan’s Clean Slate Law: An Overview

As of April 2023, Michigan allows for both automatic and application-based expungements. Automatic expungement applies to certain misdemeanors and low-level felonies after a waiting period, provided the individual has remained conviction-free. For other convictions, you must apply manually. Veterans who meet these eligibility requirements can use these new laws to start fresh, removing barriers to employment, housing, and financial opportunities.

2. Eligibility for Expungement in Michigan

To be eligible for an expungement under the current Michigan law (MCL 780.621–780.621l), you generally must meet the following criteria:

  • No more than three felonies on your record, and no more than two of those may be assaultive offenses.
  • No felonies punishable by life imprisonment can be expunged.
  • Certain traffic crimes, such as OWI (Operating While Intoxicated), can now be expunged under specific conditions.
  • The required waiting period is three, five, or seven years depending on the seriousness of the offense and when you completed your sentence, parole, or probation.

Some offenses, such as sexual assault crimes or those involving minors, remain ineligible for expungement.

3. Veterans’ Expungement Initiatives

Michigan recognizes that many legal troubles faced by veterans stem from service-related conditions, such as PTSD or substance use disorder. Some counties host regular expungement clinics tailored specifically for veterans. These events, often held around Veterans Day, bring together defense attorneys, prosecutors, and court clerks to help eligible veterans apply for expungement at no or reduced cost. Participating in these events can restore peace of mind and open the door to better future opportunities.

4. The Expungement Application Process

The manual expungement process requires a petition to be filed in the court where the conviction occurred. The essential steps include:

  • Obtain a certified record of your conviction from the court.
  • Get fingerprinted at your local law enforcement agency.
  • Complete the official Application to Set Aside Conviction form.
  • Serve copies on the Michigan Attorney General, the prosecuting attorney, and the Michigan State Police.
  • Attend a hearing before the judge, who will determine whether to grant your petition.

Judges consider a variety of factors, including your conduct since the conviction, the circumstances of the crime, and any steps you've taken to rehabilitate yourself. Having strong representation may improve your chances of success, particularly if your case involves multiple convictions or older cases with complex histories.

5. Benefits of Expungement for Veterans

For veterans, expungement carries meaningful benefits beyond those available to the general public. In addition to job and housing opportunities, many veterans find expungement restores a sense of dignity and closure. Moreover, clean records can simplify the process of renewing security clearances, joining veteran organizations, or even volunteering with youth and community programs that require background checks.

Beyond Expungement: Reintegration Resources for Michigan Veterans

In addition to legal assistance, Michigan veterans returning home have access to a wide network of state and federal reintegration resources. These programs address housing, employment, education, and health care concerns that often accompany the transition to civilian life.

1. Michigan Veterans Affairs Agency (MVAA)

The Michigan Veterans Affairs Agency serves as a central hub for connecting veterans to benefits, including employment assistance, education programs through the GI Bill, and healthcare services through the VA system. MVAA also coordinates with local Veteran Service Officers (VSOs) who can help veterans apply for federal and state benefits.

2. County-Level Benefits

Each Michigan county maintains a Department of Veterans Affairs office that provides individualized support. From legal referrals to housing assistance, these local offices ensure that veterans have community-based advocates familiar with available programs and local courts.

3. Job Training and Reentry Support

Through programs like Michigan Works! and the Helmets to Hardhats initiative, veterans can translate their military skills into well-paying civilian jobs in construction, manufacturing, technology, and the skilled trades. For those who have cleared their criminal records, these opportunities multiply, as background restrictions are reduced or eliminated.

The Emotional Impact of Record Clearing

The expungement process isn’t just about paperwork—it’s about closure. For many veterans, a criminal record can serve as a painful reminder of past mistakes or circumstances that were influenced by the difficulties of reintegration or service-related trauma. Clearing that record allows veterans to move forward with confidence, knowing their past no longer defines their future.

Judges and prosecutors in Michigan’s veteran programs often recognize the importance of this emotional component. Courts are increasingly focused on holistic outcomes—prioritizing rehabilitation and reintegration over punishment—especially for those who served their country honorably.

Conclusion

Returning home after military service is one of life’s significant transitions. Whether you’re coming back to Michigan after a deployment or finishing active duty, understanding your legal rights is key to building a strong foundation for civilian life. From knowing how veterans’ courts operate to exploring expansive expungement options under Michigan’s Clean Slate laws, you have pathways available to ensure your return home is met with opportunity, not obstacles.

If you or a loved one is a veteran seeking legal assistance with criminal record review or expungement, don’t navigate it alone. Attorney Aaron J. Boria is committed to helping Michigan’s service members get the fresh start they deserve. Call (734) 453-7806 today for a free consultation and take the first step toward clearing your record and restoring your rights.

Your service earned you respect and gratitude—your future deserves a second chance.

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