Expunge Michigan Traffic Offenses - Expungement Lawyer

Michigan Expungement Lawyer Expunge a Michigan Traffic Offense.

The Michigan Legislature significantly broadened the Expungement or Set Aside Conviction statute in 2020, which means many more people can now seek to set aside their criminal convictions. So many who were ineligible under the prior law can now petition to aside one or more of their criminal convictions.

The Michigan Expungement statute, also called the Set Aside Conviction statute, MCL 780.621, was also amended to now allow traffic misdemeanor convictions to be set aside or expunged. The main exception is that drunk driving offenses (OWI DUI), and any traffic offense resulting in physical harm or injury to a person are excluded. Also, even though you can expunge the conviction from your criminal record, the entry remains on your main driving record.

The 2020 change in the expungement law now makes the vast majority of traffic misdemeanor and felony convictions eligible to be set aside if you meet the criteria. See our Expungement Page for details on how you can petition to set aside a criminal conviction or traffic offense.

Recognizing a Traffic Misdemeanor.

The most common traffic misdemeanors are reckless driving, driving with a suspended license or no license (DWLS), improper license plate, expired license plate, drunk driving (OWI, OWID, OWVI), and a lot more. There is even a traffic misdemeanor offense for not having auto insurance. The distinction between a traffic misdemeanor and a civil infraction can be very confusing, especially since both written up on the same one-size-fits-all ticket.

Probably the best way of distinguishing whether you have been written up for a traffic misdemeanor or a less serious traffic civil infraction is to carefully inspect the State of Michigan Uniform Law Citation. Next to the charge there is a small box that indicates what type of offense you are being charged with. The type of charge is abbreviated - which makes things even more confusing. There are three boxes that you need to be concerned about: C/I = Civil Infraction; Misd = criminal misdemeanor; Fel = criminal felony. If the "Misd" box is checked it means you are accused of a traffic misdemeanor. "Warn" means that you were only issued a warning. See the State of Michigan Uniform Law Citation illustration.

Another way to differentiate between a civil infraction and a criminal misdemeanor is whether you must see a judge if you decide to just pay the ticket. Since jail is not possible for civil infractions, you do not need to see a judge to just pay it. You can pay it at the clerk's window. However, if the court clerk says you must appear before a magistrate or judge, that is a clear indication that you have been charged with a traffic misdemeanor.

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Do Not Plead Guilty without talking with a Grand Rapids Traffic Defense Lawyer.

In our opinion, admitting responsibility or pleading guilty to a traffic misdemeanor or civil infraction ticket without first talking with a lawyer is a BIG MISTAKE, as often the charge can often be lessened and/or the consequences reduced. Never go to court alone. Never, Never ever just plead guilty. Always talk with a West Michigan criminal defense lawyer and traffic defense lawyer before going to court. In over 25 years of legal practice, there have been few cases that we were not able to positively impact. Our Grand Rapids, Michigan criminal traffic defense lawyer will advise and guide you through the criminal law maze that includes traffic civil infractions and traffic misdemeanors.

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