An expungement in Michigan is the process of setting aside a conviction under state law. It will allow you to tell employers that you have not been convicted of whatever criminal charge was expunged.
Setting aside, or expunging, a conviction does not completely erase the conviction in the eyes of the criminal justice system, but it will make it so that most entities will not be able to see the conviction when they run a criminal background check.
Expungement will not change how the U.S. Immigration and Customs Enforcement or the federal government will view the conviction.
Expungement in Michigan
In Michigan, only one conviction can be set aside and only those people who are “convicted of not more than 1 offense may file an application with the convicting court for the entry of an order setting aside the conviction.” MCL 780.621(1). This means that a person can only set aside the one conviction that makes up their criminal record (There is one exception, read on).
In 2011 the statute was slightly broadened. One conviction can still be set aside if there are two or less “minor offenses”. A minor offense is defined by statute as:
A misdemeanor or ordinance violation for which the maximum possible punishment is 90 days in jail, for which the maximum permissible fine does not exceed $1,000.00, and was committed by a person before their 21st birthday. (Many people lose their eligibility due to a 93-day driving on a suspended license conviction)
Finally, a person cannot apply to expunge a conviction in Michigan for at least five years following imposition of their sentence for the conviction that the applicant seeks to set aside (5 years after completion of probation) or five years following the completion of any term of imprisonment for that conviction, whichever occurs later
Not all crimes can be Expunged
The following convictions cannot be set aside under the law as of the date of this posting:
A felony with a maximum punishment of life in prison imprison;
An attempt to commit a felony for which the maximum punishment is life in prison;
A conviction for a violation or attempted violation of most, but not all, sex crimes; and,
A conviction for a traffic offense, including drinking and driving cannot be expunged.
If you would like to expunge a criminal conviction contact Expungement in Michigan lawyer, Aaron J. Boria today (734) 453-7806.
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