Michigan Record Expungement Attorneys
Attorneys Dedicated to Giving Those Who Have Made a Mistake in the Past, a Second Chance by Having 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 clients’ lives be ruined by some aberration 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 society’s 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.
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 a court finding that a defendant is guilty or guilty but mentally ill. Even if you have a felony and up to 2 misdemeanors, you may still be eligible to file for an expungement. If you only have two misdemeanors, you can apply to have one or both convictions set aside.
Convictions for certain offenses will disqualify you from being granted an expungement. Those include:
- Felony for which the maximum punishment is life imprisonment or an attempt of such a felony (this includes Criminal Sexual Conduct in the First Degree and other crimes)
- Possession of child sexually abusive material (Child Pornography)
- 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 Will Not Stop an Expungement
As previously indicated, a recent change in the Michigan expungement law also allows for a person to have a felony and up to two misdemeanors on their record and still qualify for expungement. The application can request either that the felony conviction be removed or one or both of the misdemeanors.
Five Year Requirement
The court may not grant a motion to set aside a conviction until after 5 years following release from probation or release from prison, whichever was later. Although a petition can be filed before the 5-year limitation, relief cannot be granted until after that time period has elapsed. What many people do not know is that there are many things that someone can do well in advance of the eligibility date to increase their odds of winning. An experienced lawyer can help guide you, even well before the eligibility date, so that you are in the best position possible when the hearing occurs.
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. What is the cost of hiring a great lawyer to help you? A lawyer’s fees are usually determined by many factors including their experience, reputation, expertise and track record of success. What is the cost of not hiring a great lawyer? If you lose an expungement motion because you hired a bargain or inexperienced lawyer, you will have to wait three (3) years before you can try again. The cost of having a criminal record unnecessarily for 3 years is the cost of not hiring a great lawyer.
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.
“We will find a way to help and, most importantly, we are not afraid to win!”