Is your criminal record holding you back? Are you having difficulty advancing in your career or getting a job?
LEWIS & DICKSTEIN, P.L.L.C. represents clients throughout Oakland County, Wayne County, Macomb County, Washtenaw County, Livingston County and throughout Michigan who are interested in clearing their criminal records. You may have had a lapse in judgment many years ago or maybe you were wrongfully convicted of a crime but it is too late for an appeal. Whatever the circumstances of your particular situation, we will consult with you for free and determine whether you may qualify for an expungement. In Michigan, an expungement is also known as a Motion to Set Aside a Conviction. We can then guide you through this process for a felony or misdemeanor and, if you are eligible, help you clear your criminal history as quickly as possible.
A Fresh Start
Setting aside a felony or misdemeanor conviction can result in better employment, housing and financial opportunities. Many experience a great sense of relief when their prior conviction is set aside and they then have the peace of mind in knowing that they can truthfully and legally answer "no" when asked whether they have any criminal convictions. If you would like to learn more about how a prior felony or misdemeanor can be expunged and how LEWIS & DICKSTEIN, P.L.L.C. can help you with that process, we welcome you to contact our firm today for a free initial consultation.
There are certain requirements and limitations to a Motion to Set Aside a Conviction (Expungement Motion). If you call us, we will be able to determine what options you have to set aside any criminal history you may have.
If you or a loved one is in need of an expungement or you would like to have a past conviction set aside, please do not hesitate to call Michigan Expungement Attorneys Randy Lewis and Loren Dickstein for a free consultation at (248) 263-6800. If it is possible to help you, we will find a way!
The NEW Law
Michigan Compiled Law (hereinafter referred to as “MCL”) §780.621 provides that a person may apply to have a conviction set aside if certain conditions are satisfied. A court may set aside a conviction if (1) the circumstances and behavior of the applicant since the date of the conviction warrant the requested relief and (2) the setting aside of the conviction is consistent with the public welfare. MCL §780.621(9).
The old law indicated that a person could only seek an expungement if that person had only one prior conviction. The new law indicates that a person can have a charge expunged even if he or she has two (2) prior “minor” convictions. A minor conviction is defined as, “a misdemeanor or ordinance violation for which the maximum permissible imprisonment does not exceed 90 days, for which the maximum permissible fine does not exceed $1,000.00, and that is committed by a person who is not more than 21 years of age.”
The analysis and consideration a request for an expungement motion should be based solely on the circumstances and behavior of the defendant and not solely upon other factors set forth in the statute. People v. Rosen, 201 Mich.App. 621 (1993). The Michigan Court of Appeals has interpreted the statute as establishing a balancing test between a defendant's “circumstances and behavior” subsequent to the conviction and the “public welfare.” People v. Boulding, 160 Mich.App 156 (1986).
The expungement statute should be liberally construed in favor of its remedial policy. People v. Van Heck, 252 Mich.App. 207 (2002), People v. Miller, 78 Mich.App. 336, (1977) (statutes that are remedial in nature should be “construe[d]…liberally for the advancement of the remedy”).
Is there hope even your not eligible for an expungement?
What if you have more than one conviction or a conviction under the Motor Vehicle Code? Clients who have more than one conviction or a conviction under the Motor Vehicle Code have a difficult, although sometimes not an impossible, situation. We have handled many cases for clients in this situation and we have been able to successfully clear their records. Some form of post-conviction motion would have to be filed on one or more of the prior offenses to ether get them dismissed, reduced or in changed in some way to make the client eligible for an expungement. This process can be an uphill battle and often requires the prosecutor’s acquiescence. If you have more than one conviction or a conviction under the Motor Vehicle Code and you want to see if there is any way for you to have a shot at a clear record, please do not hesitate to call us at (248) 263-6800 for a free consultation.
Free Consultation and Confidential Case Evaluation
