☎ ☎ ☎Clear your criminal record--EXPUNGEMENT
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Expungement
Expungement of a Michigan Criminal Conviction
Michigan's criminal expungement laws provide a legal process for someone
to get a fresh start by setting aside prior criminal conviction(s). You
do not need to be disadvantaged or miss opportunities because of an old
criminal conviction. My criminal defense firm, located in Oakland
County since 1990, has a 100% success rate in getting criminal
convictions expunged (order to set aside a conviction) for eligible
clients.
Getting a criminal case expunged for a client is one of the most
satisfying services that we can provide at the Mark LeBlanc, P.C. firm.
However, under Michigan Law (MCL 780.621), a person must comply with the
strict statutory requirements, maize of forms, various court filing and
scheduling requirements before a criminal conviction can be expunged.
Expungement Requirements
Michigan has mandatory statutory requirements that must be followed to
have a criminal conviction expunged. In addition, a person seeking an
expungement of a criminal felony or misdemeanor conviction must meet the
legal criteria.
Rule 1, Only 1 felony or 2 misdemeanors may be expunged:
Felony Expungement: A person who is
convicted of not more than 1 felony and not more than 2 misdemeanors may
petition to set aside the felony, or,
Misdemeanor Expungement: A person who
is convicted of not more than 2 misdemeanors and no other felony or
misdemeanor offenses may petition to have 1 or both misdemeanors set
aside.
Rule 2, Extensive criminal record may preclude expungement: A person
convicted of more than 1 felony, or more than 2 misdemeanors, is not
eligible for expungement of anything. For this purpose, offenses that
have been dismissed pursuant to a deferred sentence, MCL771.1, MCL
333.7411, MCL 769.4a or HYTA shall be counted as misdemeanors in
determining whether a person is eligible for expungement.
Rule 3, Five year waiting period: An application to set aside a
conviction shall only be filed 5 years or more after sentence,
completion of probation, discharge from parole or completion of
imprisonment; whichever occurs last. The maximum period of probation for
a misdemeanor is 2 years and 5 years for a felony. Therefore, a person
would have to wait 10 years to file for an expungement of an eligible
offense after completing 5 years of probation for a felony.
Rule 4, Ineligible Expungement Offenses: The following offenses are not eligible for expungement:
Those Felonies, or attempted felony, with the maximum penalty of life imprisonment.
Conviction or attempted convicted of a
criminal sexual conduct offense. There is an exception for CSC 4 th
Degree which occurred before 1/12/2015 and the offender does not have
more than 2 minor misdemeanor convictions. A minor misdemeanor is an
offense that does not exceed 90 days in jail and must have been
committed before the offender was 21 years old.
A felony for domestic violence if the person has a previous conviction for domestic violence.
Traffic offenses or drunk driving.
What is the Effect of an Expungement?
The final phase of an expungement proceeding occurs when the Judge
enters an Order to Set Aside a Conviction. The Order to Set Aside the
Conviction is processed by the Court and submitted to the Michigan State
Police for entry. Once entered, the conviction by the Court, State
Police and other government agencies is sealed and the all information
pertaining the criminal case becomes a non-public record; except for
police agencies and other entities that are authorized to obtain such
records. In addition, the person who is granted an expungement may treat
the offense as though it did not occur and is no longer required to
disclose the conviction on applications or otherwise. However, there is a
grey area when an application asks about details with respect to
criminal offenses that have been expunged or dismissed. In these
situations, we recommend that the person consult with an attorney.
100% Success Rate for Eligible Clients
The LEBLANC LAW firm knows how to navigate the Michigan expungement laws
to insure that your case is handled with special care and attention in
all circuit and district Courts located in Macomb County, Oakland
County, St. Clair County and Wayne County.
CALL or TEXT NOW 248-789-0382