How to Expunge a Criminal Conviction and Clean your Record!

A person convicted of a crime in Michigan can ask the sentencing court to have the conviction expunged or removed from their criminal record. We recommend that you do so. There are many reasons for wanting to do this as it can help you get a job, get a better job, get grant money, get admitted to college, and be eligible for public assistance.

Although prospective employers are only allowed to ask whether or not you have been convicted of a felony (an offense punishable by a year or more), they can ask (and often do) that applicants provide them with a criminal background history which shows all criminal convictions, including misdemeanors. Employers may seek an Internet criminal background check without asking permission.

The Internet has made vast amounts of information readily available with a few clicks of a mouse. The State of Michigan has a website where anyone can request a criminal record for anyone for $10 dollars: Michigan Criminal History Access (ICHAT). So, removing an indiscretion from years back may be a very good idea. We are aware of case after case where a simple criminal conviction of disturbing the peace or a public intoxication charge have kept nice eligible people from getting jobs. Often, each time the person applied for a job they had to explain the circumstances of what, when, where, and why of the crime and even asked to provide a copy of the police report to the prospective employer.

Even apartment complexes check the criminal histories of applicants and may refuse to rent to those who have an assault and battery or a domestic violence conviction.

UPDATE June 2011: Michigan Changed the Law Regarding Expungements.

For years we have advocated that the expungement law be broadened to allow multiple convictions to be expunged. The new changes broaden the law a little bit, but the only ones who benefit from the changes are persons who got into trouble when they were under 21. Otherwise, the expungement law remains the same.

Michigan used to be, and may still be, the most stringy state in the country when it comes to expunging a criminal conviction. Under the general rule, you can only expunge or set aside one (1) conviction under limited circumstances. If you have two or more convictions, you can never expunge any of them – ever.  The changes that were signed into law on on June 24, 2011, have ever so slightly broadened the expungement criteria.

There are certain crimes that can never be expunged — ever:

• A felony with a maximum possible sentence of life in prison.
• Most criminal sexual conduct (CSC) crimes.
• All traffic offenses and non-traffic offenses that are reported to the Secretary of State and placed on your master driving history, such as: minor in possession of alcohol (MIP) and most drug convictions.

Some courts will allow a worthy individual to set aside an MIP conviction or a drug offense despite the general rule, while others will not. Michigan law is not settled on this question and whether or not you may be successful depends primarily on the court in the county where the conviction happened.

Despite the fact that you are successful at expunging a drug offense or an MIP conviction, the conviction will still appear on your master driving record, even thought the conviction was expunged and removed from the LEIN network.

New Michigan Expungement Criteria for Youthful Offenders.

The changes give a break to offenses that you committed while you were under age 22. Whether or not you can set aside a conviction under the new rules depends on your age and the type of crime.  

• First, you can only have one adult criminal conviction when you were over age 21.  The law allows you to have a maximum of three criminal convictions, so long as two of the offenses occurred when you were age 21 or less, and two of them were "minor offenses." A minor offense is a misdemeanor where the maximum penalty is not more than 90 days in jail. An example is use of marijuana and MIP. There are many city ordinances and laws that make criminal conduct 90-day misdemeanors.
• Second. two of the three convictions must have been "minor" misdemeanors offenses and must have occurred before you turned age 22.
• Third, five years must have passed from the date you were sentenced on the last offense. If you were sentenced to prison or jail, then five years must have passed from the date of your release. If you had a formal juvenile adjudication you must wait until five years have passed and you must be 24 years old.

For example, suppose you were convicted of driving suspended (DWLS) and possession of marijuana. If you were 21 or younger when convicted, you are eligible to set one of them aside. If you were 22 years or older you are not eligible. If you have one felony conviction after you turned 21 and two misdemeanor convictions before you turned 21, you can ask to expunge one of the three (presumed you would want to expunge the felony).

General Rules for Expunging a Criminal Conviction in Michigan.

If you do not meet the criteria under the new changes listed above, you may still be able to qualify under the general expungement law. This section applies only to those who do not qualify under the changes to the law listed above.

• First, you can only have one adult criminal conviction or one juvenile adjudication. If you have more than one misdemeanor conviction, you can not have any conviction set aside. For example, if you were convicted of driving on a suspended license (DWLS) and possession of marijuana and you pled guilty or were found guilty of both crimes, you are not eligible to expunge either one, even if they happened on the same day.
• Second, five years must have passed from the date you were sentenced. If you were sentenced to prison or jail, then five years must have passed from the date of your release. If you had a formal juvenile adjudication you must wait until five years have passed and you must be 24 years old.

How to Expunge a Criminal Conviction.

If you meet the criteria listed above, and your offense is eligible for expungement, you must petition the court where you were sentenced to set aside the conviction. It is important to know that expunging a criminal offense is not a right, but rather a privilege. The court can grant or deny your request. The judge will look at many factors, including the crime, the circumstances, your age, and most importantly, what you have done with your life since the conviction. We have our clients obtain letters from friends and colleagues that support your new crime-free lifestyle.

We are experienced and can help you. We will assist you navigate through the expungement maze, and if possible remove a conviction that may be hindering your career or job search.  Call us.