You can Get an Expungement – Here is How
The Criminal Expungement Team with LEWIS & DICKSTEIN, P.L.L.C. 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? Is a prior error in judgment standing in the way of a professional license? Do you just want a clean criminal history?
“Everyone makes mistakes in life, but that does not mean they have to pay for them for the rest of their life. Sometimes good people make bad choices, it does not mean they are bad…it means they are human.”
Michigan Expungement Attorney
The law firm of LEWIS & DICKSTEIN, P.L.L.C. has successfully represented clients throughout Oakland County, Wayne County, Macomb County, Washtenaw County, Livingston County and throughout Michigan who are interested in clearing their criminal records. We can use our decades of experience to help wipe out your criminal history. You may have had a lapse in judgment many years ago or maybe you were wrongfully convicted of a crime, either way, your record can be cleared if your Motion for Expungement is handled by an expungement specialist.
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. When many people represent themselves or hire a bargain lawyer, the result can be unnecessarily devastating. You may only get one change to request expungement, we can make sure it is done right the first time.
A Fresh Start Without a Criminal Record
Setting aside a felony or misdemeanor conviction can result in better or new employment, housing, restoration of voting and firearms rights, 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.
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 Michigan Expungement Attorneys with LEWIS & DICKSTEIN, P.L.L.C. for a free consultation at (248) 263-6800. If it is possible to help you, we will find a way!
The New Law – Expungement Even with Several Convictions
The Expungement law in Michigan now allows an individual to apply to have a felony expunged even if that person has two other convictions that are misdemeanors. In addition, for a person with two misdemeanor convictions, he or she may apply to have BOTH convictions removed. The previous law that allowed for an expungement only with one conviction has been repealed.
Winning an Expungement Motion
Michigan law 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. Most nonlawyers, and even most lawyers, fail to grasp the concept of arguing that an expungement in society’s best interest; however, to be successful, a persuasive and credible argument must be made that setting aside the conviction is in the public welfare. Failure to properly make this argument will result in the motion to set aside the conviction being denied. If the motion is denied, you cannot file again for three (3) years.
Michigan cases have held that 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.” Finally, courts have ruled that the expungement statute should be liberally construed in favor of its remedial policy.
Even though these motions should be granted in many cases, people often find themselves losing in court. The conviction remains on their record preventing them from obtaining meaningful employment or promotions at work. When deciding on the caliber of a lawyer to hire for an expungement motion, it is helpful to consider the cost of losing. If you lose, what is the cost of three lost years of opportunity? When considering the value in clearing your criminal history, the importance of hiring an experienced, successful lawyer becomes clear.
There is hope even your not eligible for an expungement.
What if you have more than one felony conviction, several misdemeanor convictions, or a conviction under the Motor Vehicle Code? Clients who have multiple convictions or a conviction under the Motor Vehicle Code are in 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 either 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. The only way to know if we can help you is for you to call.
Attorneys with an Unparalleled Track Record of Success
If you have one or more convictions on your record and you want a fresh start with no criminal history, please call us today for a free consultation and confidential case evaluation. We have decades of experience winning expungement motions in felony and misdemeanor cases. Do not hesitate to call our Expungement Defense Team at (248) 263-6800 for a free consultation or complete a Request for Assistance Form and a highly experienced expungement lawyer will promptly contact you. If there is a way to help you, we will find it.
Free Consultation and Confidential Case Evaluation