Detroit Michigan Expungement Attorney
One of the most rewarding parts of being a defense attorney is helping those with convictions achieve an expungement. An expungement, also known as setting aside a conviction, allows you to mark that you have not been convicted of a crime when asked on applications and other legal documents. Helping make a case non-public where a person no longer needs to disclose the conviction on a job application is rewarding. For many people, it can mean the difference between getting a promotion or moving to a more lucrative job.
To be eligible to have a conviction expunged from your record there are certain eligibility factors that must be met:
- Felony– no more than three felony convictions can be expunged, with an exception if those convictions happened within 24 hours of each other in the same act, which is called the “one bad night” exception.
- Misdemeanor– an unlimited number of misdemeanors may be expunged granted there are no more than two assaultive crimes are being requested to be set aside or have been set aside previously. Michigan law defines assaultive crimes.
There is a lot of paperwork involved in this process and it can take several months to make its way through the system. Our knowledgeable legal team at The Bennett Law Firm, PLC, has helped dozens of individuals achieve their goals through expungement.
Are You eligible to have your criminal record expunged? Read this article to learn more about expungement and if you are eligible.
Call us today for a free case review related to your conviction at 248-281-6991.
Removing a Misdemeanor or Felony from Your Record
You may be eligible under Michigan law to have one felony charge set aside or expunged from your record. However, there are certain guidelines for a case to be considered for an expungement.
- For multiple felonies: at least 7 years must have passed since you were released from probation, jail, prison or parole, excluding violent crimes or those punishable by 10 or more years.
- For one felony: at least 5 years must have passed since you were released from probation, jail, prison, or parole.
- For serious misdemeanors: at least 5 years must have passed since you were released from probation, jail, prison, or parole. Serious misdemeanors are defined by Michigan law.
- For one or more misdemeanors: at least 3 years must have passed since you were released from probation or jail.
- A person who has been convicted of a prostitution offense can have the waiting period waived if it is proven that the charge was the result of human trafficking.
- For OWI convictions: at least 5 years must have passed since you were released from probation or jail.
- You may only have one OWI/OWVI conviction on your record to be eligible for an expungement of an OWI expungement. Certain criteria outlined by Michigan law must also be met.
- Not have more than three felonies on your record when petitioning the court.
- You have not had more than two assaultive crimes, or more than three felony adult convictions set aside from your record. In the State of Michigan, you are only allowed to have three felony adult convictions or two assaultive crimes set aside from your record.
Convictions prior to 2015 have slightly different guidelines, so you will want to contact a knowledgeable legal team to review your case. Contact us for a no-obligation review of your case today: 248-281-6991.
Felonies Eligible to be Expunged
Michigan law allows for most felonies to be expunged as long as they are not related to convictions for the following offenses:
- An offense punishable by life in prison
- Criminal Sexual Conduct with some exceptions for Criminal Sexual Conduct of the 4th Degree convictions prior to January 12, 2015
- Human Trafficking violations
- Child Abuse in the Second Degree, Child Abuse in the Presence of Another Child
- Domestic Violence conviction if the person has a previous misdemeanor conviction for domestic violence
- Traffic offenses involving death or serious impairment
Aside from a Presidential Pardon, there are no federal laws regarding federal convictions being set aside. However, that does not mean it is impossible to have a federal conviction removed from your record. Through the United States Department of Justice, you can apply for a Presidential Pardon with the Office of the Pardon Attorney. Contact us if you have questions regarding having a federal felony conviction pardoned.
Sex Offender Registration Removal (SORA)
Besides having a conviction on your record, you may also have the burden of having your name on the State of Michigan Sex Offender Registration for 15 years, 25 years or even for the rest of your life. However, the state has expanded opportunities for people to have their names removed from the list. We are staying on top of all the changes coming to Michigan’s Sex Offender Registry.
Cases are reviewed on an individual basis, so you need an up-to-speed legal team behind you to assist in your case. Contact The Bennett Law Firm, PLC for your no-obligation case review today at 248-281-6991.
Knowledgeable Expungement Legal Team in Metro Detroit
Having a conviction expunged from your record can have a dramatic impact on your future and can help you get a new lease on life. Contact us at The Bennett Law Firm, PLC for your free case review and to determine your eligibility for expungement or removal from the Sex Offender Registry: 248-281-6991.