What is the process for expungement in Michigan?
Since each state governs its own criminal laws, they also have their own statutes that allow for criminal convictions to be “expunged” (i.e. removed) from a person’s criminal record.
Before filing for an application to “expunge” your record, we strongly recommend you contact BLF. This is important because if your application is denied you are forced to wait 3 years before you can apply again.
In Michigan, MCL 780.621 is the statute that allows certain individuals to “expunge” certain crimes from his/her prior criminal record. That statute is fairly lengthy, so BLF has highlighted certain points below:
- The convicted individual must apply to the court where he/she was originally convicted;
- To be eligible to apply, that individual can only be convicted of not more than one felony and not more than two misdemeanors;
- A person cannot apply if his/her prior conviction was punishable by a maximum of life imprisonment (regardless of the actual sentence he/she received);
- Traffic offenses (which include Operating While Intoxicated, a.k.a. drunk driving) cannot be removed from a prior criminal history;
- A felony conviction for Domestic Violence also cannot be removed from a prior criminal history;
- An application cannot be filed until at least five years have passed since the individual was sentenced, completed probation, discharged from parole, or completed any term of imprisonment; whichever is later;
- If the application is denied, the individual must wait at least three years before applying again.
There are several other requirements and qualifications that must be met before you can file an application under this law.
Contact BLF before applying to expunge your record. Let our expert attorneys assist you through every step of the process.