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Many Michiganders who have been convicted of a crime and served their sentence face lasting collateral consequences from a mistake or lapse in judgement from years ago.  Time changes people and heals most wounds, but it does not automatically set aside your felony or serious misdemeanor conviction.  Collateral consequences from a criminal conviction are often pervasive, affecting your employment, housing, driving privileges, civil rights, child custody, and travel, no matter how much time has passed since the conviction or the positive changes you made in your life and others during that time.  

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Technically, a criminal conviction is "expunged" in Michigan when the convicting court enters an order "setting aside" the conviction. It requires the filing of an Application to Set Aside Conviction in the court in which the conviction occurred.  ​Having a conviction set aside is neither a guarantee nor a right, it is a privilege that is only granted to those who convince the court that they deserve such extraordinary relief.  Once your Application is filed with the appropriate court, you will then need to serve several documents, including your fingerprints and your Application to Set Aside Conviction on the appropriate prosecutor's office, Michigan State Police, and Michigan Attorney General's Office. If you meet the procedural requirements, often relating to how many convictions you have on your criminal record, confirmed through a background check conducted by the Michigan State Police, your matter will then be considered by the assigned judge.  

 

Most often expungement matters proceed to a hearing before a judge, who must then determine if your behavior and circumstances since the date of your conviction warrant setting aside your conviction, and if setting aside your conviction is consistent with public welfare. When determining if you meet these two standards, the judge will consider your criminal history, information submitted by the prosecutor's office, and information and exhibits that you and your attorney prepare for the court.  Additional information on the expungement process is available HERE.

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Criminal Record Expungement Requires a Lawyer that Knows the Law

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If you are considering having a conviction set aside through an expungement application, it is important that you contact a Michigan Criminal Defense Attorney experienced in successfully setting aside convictions. When contacting a lawyer, you should know your criminal record or have already obtained a copy through the Michigan State Police Criminal Background Search Tool "iChat," available HERE. Often lawyers inexperienced in expungements will not understand what convictions can be set aside, the applicable time period, or common pitfalls that may arise throughout the application process. It is important that you hire the right lawyer first, if you are unsuccessful in convincing the court that your conviction should be set aside or you do not know the procedural requirements, you could be forced to wait over 3-years before you are allowed to reapply for an expungement.

 

Spencer M. Bondy is known by prosecutors and judges as one of the preeminent expungement lawyers in the State of Michigan.  He has personally set aside countless serious felony and misdemeanor convictions in courts throughout Michigan. Don't leave your expungement up to chance, call us today to learn more about the expungement process and how we can help you.