Michigan Record Expungement Attorneys
Attorneys dedicated to giving those who have made a mistake in the past but turned their lives around a second chance by having the opportunity to have their prior criminal conviction set aside
A Negative Moment In Time Shouldn’t Shape Your Future
It is one of the most common expressions: “everyone makes mistakes.” What a tragedy when a person has a lapse in judgment or an error in good sense one time earlier in life and their lives are forever shaped by that moment in time. At LEWIS & DICKSTEIN, P.L.L.C., our Michigan expungement attorneys cannot stand by idly and watch our client’s lives be ruined by some aberration in their lives that occurred years prior.
Michigan law provides for the opportunity to seek an expungement of a criminal conviction if all of the requirements of the expungement statute are met, even if there are prior multiple convictions under certain limited circumstances. Even when all the requirements are met, the judge who hears the motion must be thoroughly convinced that the petitioner has been rehabilitated and that the expungement is in societies best interest. Convincing a judge that a petitioner meets this very high standard is a daunting challenge that the expert expungement attorneys with LEWIS & DICKSTEIN, P.L.L.C. have taken years to craft and perfect. We will maximize our client’s chances of having a much-deserved second chance at having a clean record.
Expungement Requirements
The minimum requirements under the Expungement Statute include:
You must have been convicted of only one felony in your lifetime.
For purposes of the expungement law, “conviction” is defined as a judgment entered by a court upon a plea of guilty, guilty but mentally ill, or nolo contendere, or a jury verdict or court finding that a defendant is guilty or guilty but mentally ill. If you have a felony and up to 2 misdemeanors, you may still be eligible to seen an expungement under a recent change in Michigan law.
Convictions of certain offenses will disqualify you from being granted an expungement. Those include:
· Felony for which the maximum punishment is life imprisonment or at attempt of such a felony (this includes Criminal Sexual Conduct in the First Degree and other crimes)
· Using a computer to commit certain crimes
· Criminal Sexual Conduct in the Second Degree
· Criminal Sexual Conduct in the Third Degree
· Assault with Intent to Commit Criminal Sexual Conduct
· Traffic tickets
Multiple Convictions Are No Longer Fatal to a Petition
As previous indicated, a recent change in the Michigan expungement law also allows for a person to have a serious offense (felony or misdemeanor) and two “minor offenses” on their record and still qualify for expungement. A “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.
Five Year Requirement
Although a petition can be filed before 5 years since the imposition of the sentence for the conviction that the applicants seeks to set aside or 5 years following completion of any term of imprisonment for that conviction, whichever occurs later, relief cannot be granted before the five year period listed in MCL 750.520g.
Balancing Personal Circumstances v. Public Welfare
Upon a petition to the court, the court will weigh your "circumstances and behavior" against the "public welfare." In other words, the petitioner has the burden of proving to the court that his or her actions and behavior from the date of the conviction until the time of the application are consistent with the goals of protecting public welfare and warrant the expungement of the criminal conviction. The court must make a sufficient analysis of the facts and circumstances in your case and cannot deny your request without explanation as to the basis of the determination.
Hiring a top expungement lawyer may be the best investment that you ever make. The benefits include, but are in no way limited to: indicating that you have no convictions on a job application, eligibility for student loans, eligibility for housing assistance, eligibility for professional licenses and certificates, and no fear when someone does a background check on you. An expungement eliminates all public records of the conviction that is set aside.
Don't let a criminal conviction be a black cloud hanging over your life. By expunging a felony or serious offense on your record, you will have the opportunity to have a fresh start and a whole new set of opportunities that were not previously available to you.
We Can Help You
If you are interested in getting a prior criminal offense off your record, we are in a great position to help you. Every case is different and you deserve to speak to a Michigan Criminal Attorney who will take the time to give you a free consultation and determine if you are eligible for relief. Some cases are especially complicated and require a professional evaluation as opposed to a quick consultation and option.
Please call to speak to a member of our team of Michigan expungement defense attorneys at (248) 263-6800 or complete a Request for Assistance Form and we will promptly contact you.
We will find a way to help and, most importantly, we are not afraid to win!
