EXPUNGEMENT IN MICHIGAN
A criminal conviction is a permanent mark on your record that can make it difficult or even impossible to find a job or get into a school. At the law firm of Aaron J. Boria, PLLC, we don’t believe that one mistake should taint someone for the rest of their life. Call us today for your second chance tomorrow.
HOW WE CAN HELP WITH AN EXPUNGEMENT
The benefit of an expungement in Michigan is that once you expunge your criminal record you can legally tell employers, schools, and others that you have never been convicted of a crime.
Not having a conviction on your record can open up new possibilities for job seekers, those applying to colleges, or those obtaining special licenses. There is a major benefit to expungement in Michigan especially when applying to a competitive job against other applicants without a mark on their record.
For immediate help, call (734) 453-7806
Am I eligible for an expungement?
Before you can file for an expungement, the time period outlined below must have passed from the completion of your sentence:
- Three years must pass to expunge non-serious misdemeanor convictions.
- You can now expunge an unlimited amount of “non-serious” misdemeanors
- Five years must pass to expunge serious misdemeanors (defined below) or a single felony
- No more than two assaultive misdemeanors can be set aside. Prior assaultive offenses sealed of dismissed under HYTA or 769.4a will count toward the maximum of two
- Seven years must have passed to expunge more than one felony
- Maximum or three total felonies (Four felonies and you are ineligible)
- Felonies sealed or dismissed under HYTA, 7411 or 771.1 will count toward your maximum of three total offenses
- Cannot have more than one felony conviction for the same offense set aside if the maximum penalty is 10 years or more.
Serious Misdemeanors Require a Five-Year Waiting period
Serious Misdemeanors are defined under the Crime Victim Rights Act, these require a five-year waiting period, and include the following:
- Assault / Domestic Violence
- Breaking and Entering / Illegal Entry
- Child abuse 4th Degree
- Contributing to the Neglect or Delinquency of a Minor.
- Using the internet or Computer to make prohibited Communication
- Intentionally aiming a firearm without Malice
- Discharge firearm intentionally aimed at a person without Malice
- Indecent Exposure
- Injuring a Worker in a Work Zone.
- Leaving the Scene of a Personal Injury Accident
- Providing Alcohol to a Person Under 21 Years Old if the Violation Results in Injury
- years must pass to expunge multiple felony convictions.
- OWI is not listed as a serious misdemeanor under the CVRA but there is a 5 year wait.
Requirements for an Expungement in Michigan
In addition to the required amount of time having passed from the completion of your sentence, the following must be true:
Cannot have any pending charges.
Cannot have more than two assaultive crimes (misdemeanor or felony) (Prior expunged or cases dismissed under HYTA, Delay of Sentence, or 769.4a are counted)
Cannot have more than one felony for the same offense if the offense carries a possible punishment of more than 10 years.
One Bad Night Expungement
If multiple offenses occurred within a 24-hour period those can be counted as a single felony or misdemeanor offense for the purposes of counting number of offenses.
None of the offenses under this part of the law can be assaultive, involve a weapon, or carry a penalty of 10 years or more.
OWI / DUI – Operating Under The Influence of Drugs and Alcohol
Michigan House Bill 4219 and 4220 have passed, and now allow the expungement of a single drinking and driving or drugged driving offense.
There is a 5 year wait before you can have these offenses set aside.
This driving on drugs or alcohol must be your only driving on drugs or alcohol offense. If you have more than one, you cannot expunge any.
Child Endangerment, any offense involving death or serious injury are not eligible.
Expunge a Criminal Sexual Conduct 4th Degree Conviction
A person convicted of CSC 4 prior to January 12, 2015, as long as there is no other criminal record other than two 90-day misdemeanors that occurred before their 21st birthday.
No other CSC offense can be expunged.
Procedurally, expunging a criminal conviction can be complicated. After determining if you are eligible an application must be submitted and sent to numerous government agencies.
Finally, a hearing is held in front of a judge, and it’s important to hire a knowledgeable lawyer. If you are denied then you will not be able to have another hearing for three years.
An experienced lawyer will make sure that all forms are completed correctly and sent to the proper agencies. When you have a lawyer at your hearing it shows that you are serious about clearing your record and can make all the difference in determining whether or not you will walk away with a clean record or not. If you are denied you will not be able to have another hearing for three years.
Automatic Expungement of Misdemeanors and Felonies
Starting April 11, 2023
Automatic Expungement of eligible Misdemeanors and Felonies
- The person has two felonies or less, and four misdemeanors or less
- Seven year waiting period has passed from the completion of the sentence for misdemeanors
- Ten year waiting period has passed from the completion of the sentence for felonies
- You do not have any pending charges
- You haven’t been convicted of a new offense during the waiting period
- You do not have more than one conviction for an assaultive crime (misdemeanor or felony)
NOTE: If you have an assaultive crime it cannot be automatically expunged, you would have to file for the offense to be set aside, but it won’t stop you from an automatic expungement on other elidable offenses assuming everything else fits the statute.
For example, if you have an assault on your record and a disorderly conduct and seven years has passed from the punishment of both offenses, then the disorderly conduct would automatically be expunged but the assault would not. You or your lawyer would have to file to have the assault removed.
The following offense will cannot be automatically expunged:
- Assaultive crimes including domestic violence, and child abuse
- Driving under the influence of drugs or alcohol (OWI)
- Any offense punishable by 10 or more years imprisonment
- Crime of dishonesty (Larceny, retail fraud, theft, shoplifting)
- Breaking and entering
- A felony violation which includes in its elements a minor, vulnerable adult, injury or serious impairment, death
- Any violation related to human trafficking
- Serious misdemeanors listed under the Crime Victim Rights Act
- Some firearm offenses (Felony firearm)
NOTE: Some of the offenses above can be expunged, or set aside, they just will not automatically expunge. You or your lawyer would have to file a formal application to set aside and expunge the offense.
On or before the 10th of the month, courts must notify law enforcement of convictions that have been set aside for the month prior.
At that point, law enforcement makes the record of the arrest, fingerprinting, conviction, and sentence of the person all nonpublic.
These offenses can still be used against you by the prosecutor’s office to for charge enhancements
Elidable traffic offenses would be removed from your criminal record but would remain on your driving record.
What charges cannot be expunged?
The following offenses cannot be set aside under MCL 780.612c:
Felonies with a maximum punishment of life in prison (Armed Robbery, Murder, Breaking and Entering in the 1st Degree)
Child Abuse in 2nd degree, and Child Abuse in the Presence of Another Child
Felony Domestic Violence if you had a previous conviction for domestic violence
CSC, Attempt of CSC, CSC 4 that occurred after January 12, 2015
Operating While Intoxicated by drugs or alcohol causing serious injury or death. Child Endangerment (having a child in the car under the age of 16 while the driver is under the influence of drugs or alcohol) cannot be expunged. If a person has more than one OWI or DUI offense none of them can be expunged.
What does an expungement do?
An expungement allows someone who was previously convicted of a crime to erase their public criminal record. A successful expungement allows a person to legally state that they haven’t been convicted of a crime.
Can I expunge a DUI?
Yes! A change in Michigan law that took effect in 2022 now allows a person to expunge one prior drunk driving or driving on drugs offense.
Five years must have passed from the completion of your sentence.
You cannot have had a previous driving under the influence offense set aside. The driving under the influence offense must be your first and only offense of that nature.
When the court is deciding if it should grant the expungement it can consider whether or not the the person seeking expungement benefited from rehabilitative or educational programs (if any were ordered with probation), or whether such steps were taken before sentencing for that first violation.
While an expunged DUI or OWI offense is removed from your criminal record, and you are no longer convicted of it, the offense will remain on your mater driving record.
Should I disclose an expungement?
No! Once your record has been expunged it is sealed from public record. You are no longer a convicted criminal with a successful expungement.
Do you have to go to court for an expungement?
It depends. Many courts will allow someone seeking an expungement to appear by phone or not appear at all, other courts will require an in-person appearance.
How long does it take to get an expungement?
You are eligible to an expungement 5 years after you complete your sentence. Once you are eligible the process takes about two to three months.
“I currently live out of state but had a Misdemeanor Assault and Battery on my record back in Michigan. I never thought much of it before until it started to affect my employment opportunities 8 years later. That’s when I did some research and found out that I was eligible for an expungement. I contacted many lawyers in the tri-county area of south east Michigan and was given either outrageous quotes, unintelligible responses or simply an arrogant attitude. Then I got in touch with Mr. Boria who was polite, knowledgeable, fairly priced, upfront and honest. His rate surprisingly fell just a hair over the cheapest I had found with the other 7 lawyers I called. He didn’t pretend like it was going to be some quick 3 week process just to pacify me. He was polite and professional. He also assured me that he wouldn’t take my money and run if he sincerely felt I didn’t have an honest shot at winning my plea. So of course I hired him. From day one he was very consistent with his emails between him and I. Whether he was requesting documents, asking for information, answering my questions or just keeping me posted; he was on the ball. Always patient and always polite, I couldn’t have asked to work with such an understanding lawyer. When my court date finally came and I waited by the phone for the call so that I could speak on my behalf with the judge, all I ended up getting was a call from Aaron telling me everything was taken care of and that my expungement was granted! Too easy if you ask me. Both an email copy and hard-copy of the orders were sent to me for my personal records and the rest is history. Now I can finally land the job I’m after without any hangups from my past and I’ll always have Mr. Boria to thank. If you’re considering hiring a lawyer from the southeast Michigan area or even from out of state, I urge you to give Aaron a call. I assure you his professionalism and demeanor is genuinely notable.” “A” from Texas
AWARD WINNING REPRESENTATION
GET YOUR FREE CONSULTATION:
Call: (734) 453-7806
Or, send us an email below. We’ll review your case and reach out to discuss further details. Together, we’ll determine the next steps for you and your family.