What is an expungement?
In Michigan an expungement is known as setting aside a conviction. This means that a person may have their old criminal case re-opened and if the government is in agreement, the case or cases could be dismissed. The result would be a clean record or no convictions.
How many convictions can be expunged in Michigan?
The Michigan lawmakers changed the law within the past few years to make it a little easier to have cases expunged. Currently, as of 5/10/18, a person can request to set aside one felony conviction or up to two misdemeanor convictions. If you have more than one felony or two misdemeanors, then a person is not eligible for expungement in Michigan. If you have two misdemeanors, then you may be able to have both expunged. Only one felony can be expunged though.
Do First Offender Programs like HYTA count towards the convictions?
Yes, if a person successfully completed a HYTA sentence and then committed more crimes, then the dismissed HYTA case is added to the count even though that case is already dismissed. This means that if you successfully completed a HYTA sentence and have an additional felony conviction or two misdemeanor convictions, then you are not eligible.
Is there a waiting period for expungements in Michigan?
Yes, the waiting period is five years from the end of incarceration or finishing probation.
Are all crimes in Michigan expungeable?
No, there are certain crimes that don’t qualify. Some sexual crimes are excluded, along with capital offenses, among several others. The law dictates what can and cannot be expunged. MCL 780.621 addresses expungements.
What should you do if you want to have a conviction set aside in Michigan?
Call me so that we can review your situation. Not everyone will qualify for expungement so it is important to know if you meet the basic requirements before you spend the time and money trying to set aside a conviction. I am available for a free consultation to see if I can help you.
