Expungement of Criminal Sexual Conduct 4th (Get a fresh start!)

By February 9, 2018 April 28th, 2020 blog post, Criminal Defense Detroit MI

You can get a Criminal Sexual Conduct Fourth Degree off your record and get a fresh start (if the conviction occured prior to January 12, 2015). Let’s face it, obtaining employment with a CSC is a challenge. We can help you clean your criminal history and get life on track.

Expungement of a Criminal Sexual Conduct

Expungement of a Criminal Sexual Conduct 4th Degree

Many lawyers who will tell prospective clients that getting an expungement of a CSC 4th is impossible and that is incorrect. Others will accept representation and bungle the case so that the client has to wait years to try again or potentially never get the conviction off their record because of the poor first attempt. An expungement of a CSC 4th is challenging, and it takes a highly experienced and capable lawyer to give the client the best possible chance of success.

A CSC 4th Degree is a statutory misdemeanor that is treated, for all purposes under the law, as a felony conviction. The statue is highly complicated and criminalizes a multitude of different potential sexually illegal acts. “Sexual contact” includes the intentional touching of the victim’s or actor’s intimate parts or the clothing covering the those parts, if that touching can be reasonably construed as being for sexual arousal or gratification, done for a sexual purpose, or in a sexual manner for revenge, to inflict humiliation, or out of anger.

Eligibility for Expungement of a CSC 4th

Under Michigan’s expungement laws, a person convicted of a Criminal Sexual Conduct Fourth Degree is eligible if all of the following are true:

  • Five years or more must have passed since the expiration of probation/parole or the release from incarceration, whichever came later.
  • Either no other criminal history OR no more than two minor misdemeanors

For those with prior misdemeanor convictions, other than the CSC 4th, a minor misdemeanor is a crime with maximum possible sentences of 90 days or less, a maximum possible fine of $1,000 or less, and the actor was under the age of 21 at the time of the offense.

Winning in Court

Winning an expungement motion for any offense can be problematic, but winning on a Criminal Sexual Conduct case is uniquely challenging. In these cases, the victim must be notified and a challenge by him or her will significantly raise the bar in terms of winning in court. Additionally, most judges will carefully examine the facts of these particular cases and may refuse to grant relief unless the defendant can proactively alleviate multiple concerns. Furthermore, prosecutors will routinely and vehemently object to setting aside a CSC 4th conviction.

Michigan Criminal Defense Attorneys

The Expungement Team with LEWIS & DICKSTEIN, P.L.L.C. has decades of experience winning motions to set aside convictions under the expungement laws and know all the right steps to get the client the best chance of success. Our attorneys have an unparalleled track record of getting extraordinary results!

Expungement Motion Denied!

Losing an expungement motion has disastrous consequences and must be done right the first time. Under the law, if you lose an expungement motion, you have to wait three years before you can try again. The delay can cause the defendant to miss job opportunities or lose employment. It can also delay restoration of gun rights. Worst of all, the record that caused the loss in court doesn’t disappear and will impact future attempts to get relief.

Defense Attorneys Who Can Win an Expungement of CSC 4th

The key to winning a Motion to Set Aside a Conviction is proving that having the record cleared is consistent with the public welfare. This is a high burden and a difficult argument to make without years of experience and winning strategy. Call LEWIS & DICKSTEIN, P.L.L.C. today for a free consultation at (248) 263-6800 or complete a Request for Assistance Form and we will promptly contact you.

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