Expungement Fingerprint Card
The Michigan State Police have a standard fingerprint card used for expungement cases. If you seek to set aside a conviction, you will need to file the appropriate forms, or your motion will be automatically rejected.
How to get a copy of the Michigan State Police Fingerprint Card for expungements.
The Michigan State Police’s expungement fingerprint card is for an applicant to submit fingerprints when seeking to set aside a conviction. A Motion to Set Aside Conviction is commonly referred to as an Expungement Motion. The form, a RI-008, is available at any Michigan State Police post or can be accessed online.
To get a copy of the form, you can follow this link.
What do you do with the Michigan State Police Expungement Fingerprint Card?
Once you have the Michigan State Police Expungement Fingerprint Card, you can take it to your local police department or one of many private companies that offer expungement fingering services. On the back of the form, there is a section that you must complete, including some of your basic biographical information. The card is then sent along with a copy of the Motion to Set Aside Conviction and a check payable to the “Michigan State Police” for $50.00. If you are represented by a lawyer experienced with handling expungement motions, they will send the form, check, and motion to the Michigan State Police for you.
What happens after the expungement fingerprint card, motion, and check are sent to Michigan State Police?
When the Michigan State Police gets the expungement fingerprint card, motion, and check, they will process the prints and run a detailed state and federal criminal history check. When the background report is prepared, it gets sent to the defense lawyer, county prosecutor, Michigan Attorney General’s Office, and the court.
Will the prosecutor object or fight the Motion to Set Aside Conviction?
The prosecutor and attorney general fight some expungement motions. In other cases, they will leave the motion to the “court’s discretion.” After receiving the criminal background history from the Michigan State Police, the prosecutor and attorney general will determine if they will object to the motion in court. Typically, the attorney general and the prosecutor will send a letter to the court and defense lawyer stating their respective positions. In more severe cases, they might file a Brief in Opposition if there is a strong objection.
The government will frequently oppose an expungement in assaultive cases, domestic violence, or offenses involving large-scale financial or white-collar crimes and OWI cases (a first offense OWI can be expunged). Although no lawyer can guarantee anything, a skilled, experienced, savvy lawyer will proactively contact the prosecutor in these cases and attempt to diffuse any opposition before it is raised in court.
Do I need a lawyer for an expungement?
An individual can file and argue their Motion to Set Aside Conviction without a lawyer. However, just because it is possible doesn’t mean that self-representation is the best option. For example, some issues can arise when the expungement fingerprint card is not filled out correctly. As long as a lawyer has experience handling expungement motions, you are probably better off with a competent lawyer than attempting to represent yourself. If the outcome of the motion, meaning clearing your criminal history, is important or likely to have a significant impact on your life, it would be wise to get the best lawyer you can to assist you.
The criminal defense lawyers who are widely known for routine success in court have a focused practice, extensive experience, and a track record of achieving extraordinary results. For example, the Expungement Team with LEWIS & DICKSTEIN, P.L.L.C. takes the time to prepare a Memorandum In Support of the expungement motion. The Memorandum is an extensive, detailed pleading which persuasively and compellingly showcases our client in the best possible light.
If you fail to take every precaution to ensure success on the motion and you are not successful, you must wait a minimum of 3 years before you can try again. When you come back for a hearing, you will not only have to persuade the judge that they should grant the expungement, you will likely have to overcome whatever mistakes or shortfalls occurred at the previous hearing.
Multiple Felony and Misdemeanor Offenses.
You might be concerned that when you submit your expungement fingerprint card to the Michigan State Police, they might discover multiple felony and misdemeanor convictions. Don’t worry! Michigan’s clean slate legislation permits the expungement of up to 3 (and sometimes more) felony convictions and an unlimited number of misdemeanors. We can help you determine your eligibility to completely wipe all of your prior convictions from your criminal history.
What is the next step if I’m looking for an expungement fingerprint card?
If you are looking on your own for how to get an expungement fingerprint card or trying to determine what to do with one, it would be best if you took some time to obtain a lawyer you trust to help you. If you take a moment to call LEWIS & DICKSTEIN, P.L.L.C. for a free consultation, we will take the time to speak with you, answer all of your questions, and address each of your concerns. Our attorneys have an unparalleled track record of winning expungement motions, and we will do whatever it takes to give you the best chances of success.
Call us today at (248) 263-6800 for a free consultation or complete a Request for Assistance Form. We will contact you promptly and find a way to help you.