In Michigan the process for what many people call Expungement is called “setting aside a conviction”. A Michigan Expungement lawyer can help you set aside your conviction. When you set aside a conviction, it becomes non-public. This means that only police agencies and prosecutors will have access to your records. A Michigan expungement should make it easier to get a pistol permit to purchase firearms, obtain a Concealed Carry Permit and make it so that employers cannot see your record.
Do you qualify for a Michigan Expungement?
Generally, in order to qualify for Expungement, you should not be convicted for anything other than the criminal act you are trying to get expunged. You may qualify under a small exception that allows for the expungement of a criminal charge if you have up to two additional “minor misdemeanors” on your record. The statute specifically defines minor misdemeanors as misdemeanors where the maximum punishment possible is no more than 90 days in jail. Today many Michigan misdemeanors have a maximum of 93 days in jail, making it impossible to clear a record by setting aside a conviction when there is more than one charge on the record.
You must also wait for at least a five year period to pass (M.C.L 780.621) before applying for an expungement. If there are two convictions on your record, it does not necessarily mean that you cannot get an expungement, however more work must be done by an attorney to get one of the cases overturned through other methods.
In addition to the above rules, the following crimes are not eligible for Expungement:
Traffic Offenses (including OWIs and OWVIs)
Felonies for which the maximum penalty is life imprisonment
Criminal Sexual Conduct (except for 4th degree)
How long does the expungement process take?
Generally, courts set hearings for 3 months in advance from when the paperwork is filed. This gives them time to receive reports from the Attorney General, prosecuting attorney, and Michigan State Police. Pending on when we receive the paperwork, we are usually able to speed up the process to occur in between four and six weeks.
If you don’t qualify to have your record expunged:
Don’t lose hope yet. Sometimes it is possible to set aside a guilty plea pending on when that conviction was entered and the details of the case. The ultimate result could mean a dismissal and the ability to expunge the first case and keep your record clean. We can also assist you if your criminal record has incorrect information.
We offer free consultations and flexible payment plans. We focus on getting your conviction set aside quickly and discretely. Regardless of your situation, feel free to call 248-956-1165 or toll free at 877-ICAN-WIN, you have nothing to lose.