Expungement Laws in Michigan
Taking effect in 2015, the expungement laws have been changed in Michigan to allow people convicted of a single felony and no more than two misdemeanors to apply for expungement five years after probation or parole has been served. This does not include all felonies and misdemeanors, however. Crimes not able to be expunged under this law are ones that carry a sentence of life in prison, most criminal sex acts, certain cases of domestic violence, stalking crimes, crimes in which death was caused by explosives, and drunk driving. These rules of expungement now apply to offenders of any age whereas before there were different rules in place for minors.
Note: If you have a prior domestic violence misdemeanor the following charges cannot be expunged; second-degree child abuse, human trafficking, terrorism offenses, other sexual crimes and domestic violence felonies.
What does it mean to have a record expunged?
Expungement is the process by which a criminal record is removed or sealed from your personal file, thereby making the record(s) unavailable through the state or federal repositories. The reason you'd want to apply for a record to be removed is that arrest records do not expire and stay on your personal file indefinitely unless you’re able to successfully have them removed by the court system. To begin the process of expungement, you must file a petition with the local district court where the record resides.
There is a difference between having a record expunged and having it sealed. Expunged means the record is destroyed or removed from the court file forever. To seal a record means your record won’t be available for public view, but, court and legal officials can still have access to your sealed records at any time.
There’s a waiting period involved and a process to follow in order to get a record expunged or sealed. Each state and court district varies with respect to process and fees. You can contact the local courthouse where the record resides or seek the help of a lawyer to get the record officially removed. If your record is of a criminal nature, you were found guilty, or have many offenses on file, it's highly advised to hire a lawyer to represent you.The court has the right to deny your petition. Only a lawyer knows the law and will work on your behalf for the best outcome to avoid delays, error, or refusal.
If you were found not guilty or the case was dismissed then the motion to seal the record will almost always be granted by the court. You can state good reason for petitioning the request such that it will affect future employment, security clearance, ability to be bonded, etc.
Taking effect in 2015, the expungement laws have been changed in Michigan to allow people convicted of a single felony and no more than two misdemeanors to apply for expungement five years after probation or parole has been served. This does not include all felonies and misdemeanors, however. Crimes not able to be expunged under this law are ones that carry a sentence of life in prison, most criminal sex acts, certain cases of domestic violence, stalking crimes, crimes in which death was caused by explosives, and drunk driving. These rules of expungement now apply to offenders of any age whereas before there were different rules in place for minors.
Note: If you have a prior domestic violence misdemeanor the following charges cannot be expunged; second-degree child abuse, human trafficking, terrorism offenses, other sexual crimes and domestic violence felonies.
What does it mean to have a record expunged?
Expungement is the process by which a criminal record is removed or sealed from your personal file, thereby making the record(s) unavailable through the state or federal repositories. The reason you'd want to apply for a record to be removed is that arrest records do not expire and stay on your personal file indefinitely unless you’re able to successfully have them removed by the court system. To begin the process of expungement, you must file a petition with the local district court where the record resides.
There is a difference between having a record expunged and having it sealed. Expunged means the record is destroyed or removed from the court file forever. To seal a record means your record won’t be available for public view, but, court and legal officials can still have access to your sealed records at any time.
There’s a waiting period involved and a process to follow in order to get a record expunged or sealed. Each state and court district varies with respect to process and fees. You can contact the local courthouse where the record resides or seek the help of a lawyer to get the record officially removed. If your record is of a criminal nature, you were found guilty, or have many offenses on file, it's highly advised to hire a lawyer to represent you.The court has the right to deny your petition. Only a lawyer knows the law and will work on your behalf for the best outcome to avoid delays, error, or refusal.
If you were found not guilty or the case was dismissed then the motion to seal the record will almost always be granted by the court. You can state good reason for petitioning the request such that it will affect future employment, security clearance, ability to be bonded, etc.
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