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. Your best hope of winning is with a Michigan Expungement Attorney – a felony or misdemeanors can be removed.
A Fresh Start – Erasing Felony or Misdemeanor Convictions
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. Do not try to handle an expungement on your own. You may only get one shot at winning and failure to correctly draft a motion or argue in court can be fatal to your chances of success. Although you will be able to try again after 3 years, a judge may be reluctant to reconsider his or her prior ruling. Think about the cost of failure when you are thinking about the cost of hiring a good lawyer. Rarely, if ever, is the cost of the lawyer not dwarfed by the cost of losing.
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 the LEWIS & DICKSTEIN, P.L.L.C. Expungement Attorneys for a free consultation at (248) 263-6800. If it is possible to help you, we will find a way!
Multiple Convictions Can Be Expunged
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 law indicates that a person can have a felony expunged even if the individual has up to two misdemeanor convictions. Additionally, a person who has up to two misdemeanors, and no more than one felony, can apply to have BOTH misdemeanors expunged.
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. 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.” Many judges inappropriately focus on the facts of the original offense when considering setting aside a conviction and then chose not to grant relief because they feel the original circumstances were serious or offensive to them. This is a violation of the law and it will take a respected, well-prepared, and zealous lawyer to educate the judge and convince him or her to grant the relief under these circumstances.According to Michigan law, the expungement statute should be liberally construed in favor of its remedial policy. Sometimes, judges have to be reminded of this principle in a way that will convince them to grant relief when he or she would otherwise not be amenable to removing a conviction.
Is there hope even you’re not eligible for an expungement?
What if you have a conviction under the Motor Vehicle Code? Clients who 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 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.
Free Consultation and Confidential Case Evaluation
At LEWIS & DICKSTEIN, P.L.L.C., we believe that an error in judgment should not define you or your future. If you want the best possible 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. If there is a way to help you, we will find it!