Did you make a mistake when you were young and now what mistake is preventing you from getting into your dream school or dream career? There may be a way to prevent your criminal history from haunting you anymore. An expungement essentially erases your criminal record.
Expungement in Michigan
The Michigan statute for an expungement allows someone who has been convicted of an offense in Michigan to set that conviction aside. The conviction is then erased from the books and will not show up on a public background check. The legal effect of an expungement allows you to honestly tell employers, schools, etc. that you have never been convicted of a crime.
In todays competitive job market you can bet that someone without a criminal history will be hired over someone with a criminal history if all other factors are near equal. An expungement allows you to even the playing field. On job and school applications, you will no longer be required to check the “yes” box to the question, “have you ever been convicted of a crime?”
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Am I eligible for an Expungement?
The basic rule of thumb is that the offense you seek to expunge can be the only offense on your record. There is an exception for up to two 90-day offenses that occurred prior to your 21st birthday.
If you have more than one offense on your record, but one of the offenses was successfully taken under a deferral or diversion than you may still be eligible.
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Not all offenses can be expunged. CSC, traffic offenses including DUI’s, and offenses that carry life sentences cannot be expunged.
The Expungement Process in Michigan
The process of setting aside a conviction is somewhat lengthy and paper intensive. You will need to obtain your fingerprints as well as certified court records (usually a judgment of sentence). The information is then sent to the Michigan State Police with an Application to Set Aside and a check for $50. MSP will generate a report. The information is then sent to the prosecuting attorney and Attorney General’s office who will then provide a response. A court date will be given where a judge will make the final determination.
Michigan criminal lawyer, Aaron J. Boria has handled multiple expungement cases with great success. For more information about Aaron Boria and his practice in Plymouth, Michigan click here borialaw.com
