Affordable Macomb County Expungement Lawyers
Setting Aside A Conviction – Cleaning Your Criminal Record
In Michigan the term “expungement” is the common term used to refer to removing a crime from your criminal record. The official legal name for an “expungement” is a “Motion to Set Aside a Conviction.”
We understand how important it can be to “clean up” your criminal record. A criminal record can cause you to lose your job and/or keep you from being hired at a new job. Additionally, having a criminal conviction on your record can keep you from being eligible to get licensed in certain fields of employment, such as certain medical fields.
Unfortunately, getting an “expungement” is a very complicated process. Courts do not “set aside” convictions easily. Some crimes can not be expunged – and certain people may not be eligible for expungement. Expungement is never “automatic.” Nor is it a matter of simply filling out a form. A complex series of steps must be taken, and a Court Hearing must be held in order to obtain an expungement.
Below, you will find answers to some general questions about expungement. However, the only way to ensure that you are in the best postion to clear your criminal record is by hiring an experienced expungement attorney. Without a skilled lawyer, it is very likely that you will not complete the steps properly and your request to set aside your conviction will be denied.
For a FREE CONSULTATION with an experienced, affordable Macomb County expungement lawyer, call: 586-469-0900.
Who Can Qualify for an Expungement? – by Macomb County Lawyers
JUVENILES - Under Michigan law, a judge can order removal of a criminal record (from public to nonpublic) for a juvenile if they have 3 (or less) juvenile offenses and no felony convictions.
ADULTS - Under Michigan law, an adult can only get a crime expunged if he or she has one criminal conviction. This means that if you have more than one felony, or more than one misdemeanor, or any combination of more than one convictions you can NOT get an expungement. *
This is true, even if the convictions were a long time ago. It is also important to remember that Pleading Guilty is the same as a conviction.
* LIMITED EXCEPTION- There is one very small exception that may allow for expungement with more than one criminal conviction, if certain of the convictions were obtained before the age of 21 and carried a sentence of no more than 90 day. An experienced lawyer can discuss whether this exception applies in your case.
* NOTE: PROPOSED CHANGES IN THE LAW- As of June 2103 the Michigan legislature was considering certain changes to current expungement laws, that would make an expungement allowable after multiple convictions, under certain circumstances. Check back to this page, or call and consult with one of our an experienced attorney, to see if this law is updated in the future.
When Can I Qualify for an Expungement? – by Macomb County Lawyers
An expungement will only be granted after five years. If you have served probation, parole or incarceration, you should discuss your circumstance with an experienced attorney to determine when, exactly, the required five years have passed in your situation.
What Crimes Can Be Expunged? – by Macomb County Lawyers
In Michigan, most – but not all – felonies and misdemeanors can be expunged (subject to the above requirements). However, certain convictions can never be removed from your record. Drunk Driving and traffic matters are NOT eligible to be expunged. Also, most sex crimes (CSC, rape, etc.) can never be expunged.
An experienced attorney can advise you if your conviction is “expunge-able”.
How do I Get Started?
(1.) Consult With an Attorney-
Consulting with an experienced attorney is an excellent way to determine if you will be eligible for an expungement. You may call our skilled attorneys at any time for a free expungement evaluation.
(2.) You Must Get Officially Fingerprinted-
Go to a Michigan law enforcement agency and ask to be printed on a Michigan Applicant Fingerprint card (RI-8). Complete all of the personal information on the card. Make sure that the place labeled “FBI & State” is marked in block E of the card under “Search Requirements”.
(3.) You Must Get Your OFFICIAL Michigan State Police Criminal Record-
Submit the applicant fingerprint card (RI-8), an application form from the court ( form MC227 or JC66), a certified copy of the judgment of sentence, probation order, or register of actions, and a $50.00 ($25.00 juvenile set aside) processing fee in the form of a money order or check made payable to the State of Michigan.Mail the above information to the Michigan State Police, CJIC- Criminal History, P.O. Box 30266, Lansing, Michigan 48909.
This CAN NOT be done by phone. No walk-in traffic is allowed. It will take 4 – 6 weeks for processing and mail delivery before you receive your official criminal record from Michigan State Police.
(4.) Hire An Attorney-
Once you have your official criminal record from Michigan State Police, your attorney will need to file the actual Motion to Set Aside Conviction – in the original court where you were convicted. This is not a “form”. This is a complex legal document that will be drawn up by your lawyer in an effort to convince the judge that you deserve a “second chance.”Only a skilled attorney will know what to say to convince the Judge that your conviction should be removed from your record. Additionally, there are many other court requirements for obtaining an expungement that your attorney will handle – such as notifying the original victim, arresting officer and prosecutor.
As you can see, obtaining an expungement is a complex process that is best handled by a skilled attorney. A lot is riding on cleaning up your record, including your ability to obtain employment and earn a living.
Can I see my Record ONLINE?
NOTE: You can also “check” your public criminal history online at ICHAT. An “ICHAT” search is done online and costs only $10. You can save or print a copy immediately. However, please note that ICHAT is NOT your “official” record and may not show certain information or convictions. ICHAT records also can not be submitted to the court when petitioning for an expungement.
ICHAT may be a good “starting point” to see if you may be eligible for an expungement – but remember it is NOT the official record that will be used by the Court. There may be more (or less) on the official record you obtain from Michigan State Police.
Experienced criminal law attorney Justin Vande Vrede and the lawyers at Lakeside Legal Group have successfully helped numerous individuals with their expungements. They will offer you knowledgeable advice & aggressive representation at affordable rates, to ensure that you get the very best possible results.
For a FREE CONSULTATION with an experienced, affordable Macomb County expungement lawyer, call us today: 586-469-0900.
Lakside Legal Group is a full service Michigan law firm providing representation in Macomb County, Oakland County, Wayne County and St. Clair County, including: Mt. Clemens, Warren, Sterling Heights, Madison Heights, Eastepointe, Saint Clair Shores, Roseville, Shelby Township, Chesterfield Township, Macomb Township, Grosse Pointe Shores, Grosse Pointe Farms, Grosse Pointe, Clinton Township, Harrison Township, Utica, Romeo, New Baltimore, Algonac, Armada, Port Huron, Imlay City, Rochester, Troy, Hazel Park, Clawson, Bloomfield Hills, Birmingham, Pontiac, Beverly Hills, Oak Park, Detroit, Southfield and Royal Oak.