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MICHIGAN EXPUNGEMENT LAWYERS

 

Criminal Expungement Lawyer Randy Lewis and Expungement Attorney Loren Dickstein Can Help You Get a Fresh Start

 
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
 
At LEWIS & DICKSTEIN, P.L.L.C., we believe that an error in judgment should not define your future.  If you want a chance at a fresh start, please call us at (248) 263-6800 or fill out a Request for Assistance Form and we will promptly contact you.
 
MCL 780.621 Application for order setting aside conviction; setting aside of certain convictions prohibited; time and contents of application; submitting application and fingerprints to department of state police; report; application fee; contest of application by attorney general or prosecuting attorney; notice to victim; affidavits and proofs; court order; definitions.
 
(1) Except as provided in subsection (2), a person who is convicted of not more than 1 offense may file an application with the convicting court for the entry of an order setting aside the conviction. A person who is otherwise eligible to file an application under this section is not rendered ineligible by virtue of being convicted of not more than 2 minor offenses in addition to the offense for which the person files an application.
(2) A person shall not apply to have set aside, and a judge shall not set aside, a conviction for a felony for which the maximum punishment is life imprisonment or an attempt to commit a felony for which the maximum punishment is life imprisonment, a conviction for a violation or attempted violation of section 145c, 145d, 520c, 520d, or 520g of the Michigan penal code, 1931 PA 328, MCL 750.145c, 750.145d, 750.520c, 750.520d, and 750.520g, or a conviction for a traffic offense.
(3) An application shall not be filed until at least 5 years following imposition of the sentence for the conviction that the applicant seeks to set aside or 5 years following completion of any term of imprisonment for that conviction, whichever occurs later.
(4) The application is invalid unless it contains the following information and is signed under oath by the person whose conviction is to be set aside:
(a) The full name and current address of the applicant.
(b) A certified record of the conviction that is to be set aside.
(c) A statement that the applicant has not been convicted of an offense other than the conviction sought to be set aside as a result of this application, and not more than 2 minor offenses, if applicable.
(d) A statement as to whether the applicant has previously filed an application to set aside this or any other conviction and, if so, the disposition of the application.
(e) A statement as to whether the applicant has any other criminal charge pending against him or her in any court in the United States or in any other country.
(f) A consent to the use of the nonpublic record created under section 3 to the extent authorized by section 3.
(5) The applicant shall submit a copy of the application and 2 complete sets of fingerprints to the department of state police. The department of state police shall compare those fingerprints with the records of the department, including the nonpublic record created under section 3, and shall forward a complete set of fingerprints to the federal bureau of investigation for a comparison with the records available to that agency. The department of state police shall report to the court in which the application is filed the information contained in the department's records with respect to any pending charges against the applicant, any record of conviction of the applicant, and the setting aside of any conviction of the applicant and shall report to the court any similar information obtained from the federal bureau of investigation. The court shall not act upon the application until the department of state police reports the information required by this subsection to the court.
(6) The copy of the application submitted to the department of state police under subsection (5) shall be accompanied by a fee of $50.00 payable to the state of Michigan which shall be used by the department of state police to defray the expenses incurred in processing the application.
(7) A copy of the application shall be served upon the attorney general and upon the office of the prosecuting attorney who prosecuted the crime, and an opportunity shall be given to the attorney general and to the prosecuting attorney to contest the application. If the conviction was for an assaultive crime or a serious misdemeanor, the prosecuting attorney shall notify the victim of the assaultive crime or serious misdemeanor of the application pursuant to section 22a or 77a of the William Van Regenmorter crime victim's rights act, 1985 PA 87, MCL 780.772a and 780.827a. The notice shall be by first-class mail to the victim's last known address. The victim has the right to appear at any proceeding under this act concerning that conviction and to make a written or oral statement.
(8) Upon the hearing of the application the court may require the filing of affidavits and the taking of proofs as it considers proper.
(9) If the court determines that the circumstances and behavior of the applicant from the date of the applicant's conviction to the filing of the application warrant setting aside the conviction and that setting aside the conviction is consistent with the public welfare, the court may enter an order setting aside the conviction. The setting aside of a conviction under this act is a privilege and conditional and is not a right.
(10) As used in this section:
(a) "Assaultive crime" means that term as defined in section 9a of chapter X of the code of criminal procedure, 1927 PA 175, MCL 770.9a.
(b) "Minor offense" means 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.
(c) "Serious misdemeanor" means that term as defined in section 61 of the William Van Regenmorter crime victim's rights act, 1985 PA 87, MCL 780.811.
(d) "Victim" means that term as defined in section 2 of the William Van Regenmorter crime victim's rights act, 1985 PA 87, MCL 780.752.
 
 
 
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