Michigan Expungement

What is the difference between the Expungement Process and a Motion to Set Aside a Conviction?

An “Expungement” in Michigan is often interchanged with “Setting Aside a Conviction”  (or “Removing a Conviction”). The only difference is an expungement results in the criminal record being “sealed”. Setting Aside a Conviction, the charge will show as "dismissed". The same for “Vacating a Record” – it will show as a dismissal but the record will not be sealed.

“Cleaning up Your Record”

Most People want to expunge their record or have a conviction removed because its necessary to gain and/or keep employment, admission to certain colleges, running for public office, or to obtain a Visa to travel abroad. The need is increasing due to advancing technology making it possible to see even sealed records. (Non-Public) We suggest hiring an attorney for the process, as a judge still must grant the Motion to Set Aside Conviction (expungement), it is not automatic. Additionally, one would want this done properly so any time a person’s name is run through the system - the answer will be “this person has no record.”

Eligibility: One can have up to 1 felony and 2 Misdemeanors and be eligible (as long as they weren’t dangerous crimes) to have a felony removed. {Note: The vast majority of Marijuana (or Marihuana) convictions do not count now that Michigan has legalized it.} Further, you can have two Misdemeanor without a felony and apply to have them both removed.

If attacked the proper way, it is possible to get a  Felony and two Misdemeanors removed. 

The difference between an expungement or removed conviction as opposed to dismissing”, or being deferred, or “being taken under advisement”, or being “sealed” is that expunging or removing a conviction is it never happened. The others, just make it harder to find out about.

 

It is advised to seek an attorney for several reasons. One is it’s a very complex tedious process, and if not done correctly, could result in a denial, (or the judge requesting that the Applicant seek a lawyer’s help before presenting before formally addressing the court). The paperwork is complex, and there are elements to the Motion such as obtaining original finger prints, and service upon:

  1. Attorney General
  2. Michigan State Police
  3. Appropriate Prosecuting Attorney

Sometimes 1, 2 or all 3 will object. This is when its crucial to have an attorney protect your rights. The courts actually prefer to deal with attorneys on these complicated matters.

BEWARE If you have the wrong lawyer, or attempt to do it yourself, the court may just nullify the charge, but is still public record. “Dropping the Charge” does not benefit most people. Most people want their record cleaned up and want results equating to the crime having not been committed. 

What type of convictions are not eligible?

Certain convictions are ineligible to be set aside such as

  • Any felony punishable by life in prison
  • Any traffic offense, including misdemeanor and felony Operating While Intoxicated.
  • Felony Domestic Violence, IF previously convicted of Misdemeanor Domestic Violence.
  • Human Trafficking MCL. 780.621
  • First or 2nd Degree Child abuse or child abuse in the presence of another child. MCL 750.136
  • Any CSC (Child Sexual Crime) MCL 750.145

http://legislature.mi.gov/doc.aspx?mcl-780-621

http://legislature.mi.gov/doc.aspx?mcl-750-136b

http://legislature.mi.gov/doc.aspx?mcl-750-145