Navigating the legal landscape of expungement in Michigan can be a daunting task, but it's crucial for those seeking a fresh start. At HJP Legal, we are here to shed light on the eligibility criteria for expungements in Michigan. This process can significantly impact lives by offering a chance to clear a criminal record, provided specific conditions are met.
General Eligibility Criteria
Michigan's expungement laws offer a pathway to a clean slate for many individuals. Generally, you can seek expungement for up to three felony convictions and an unlimited number of misdemeanors. However, there are restrictions to be mindful of: you cannot expunge more than two convictions for violent crimes or more than one felony for the same crime if it’s punishable by over ten years in prison. Understanding these limitations is essential for setting realistic expectations about what can be removed from your record. At the same time, under the “One Bad Night” legislation, in some instances, you are able to expunge certain offenses regardless of the number of offenses. This exception does not generally apply, however, to assaultive crimes, crime involving a dangerous weapon, crimes where the maximum penalty is more than ten years in jail, or to out of state assaultive convictions.
Waiting Periods for Expungement Applications
The waiting period for applying for an expungement varies depending on the nature of the conviction. For serious misdemeanors or a single felony conviction, you must wait five years from the latest of several key dates: sentencing, completion of probation, discharge from parole, or release from imprisonment. If you have more than one felony conviction, the waiting period extends to seven years. Misdemeanors, excluding serious misdemeanors and assaultive crimes, require a three-year waiting period. These timeframes ensure that individuals have demonstrated a period of rehabilitation before their records can be expunged.
Special Considerations for Marijuana and OWI Offenses
Recent changes in Michigan’s laws reflect evolving societal views, particularly regarding marijuana. Individuals with misdemeanor marijuana offenses, which are no longer considered crimes under current law, can now seek expungement without a waiting period. This change simplifies the process for those looking to remove offenses related to marijuana possession or use from their records. Similarly, for Operating While Intoxicated (OWI) offenses, only a single first-time conviction can be expunged, provided it did not result in injury or death. The waiting period for OWI expungement is five years from the conviction or completion of the sentence.
The Expungement Application Process
Applying for expungement involves several critical steps. Initially, you must review your criminal history using the Michigan State Police’s Internet Criminal History Access Tool (ICHAT). This helps in determining which convictions are eligible for expungement. The next step is completing the appropriate application forms, which differ depending on the type of conviction. Once the forms are submitted to the relevant agencies and court, accompanied by necessary documentation like fingerprints, a hearing date will be set if your application is accepted. During the hearing, a judge will review the case and decide on the expungement request.
The Crucial Role of an Expungement Lawyer
Engaging HJP Legal can be invaluable in this process. A skilled attorney will evaluate your criminal record, guide you through the eligibility criteria, and ensure that all paperwork is correctly completed and submitted. They will handle the follow-up with the court and represent you during hearings, providing peace of mind and increasing the likelihood of a successful expungement. Their expertise is crucial for navigating the complexities of the application process and ensuring that your case is presented in the best possible light.
Expungement in Michigan offers a second chance for many individuals, allowing them to move forward without the burden of a criminal record. By understanding the eligibility criteria, waiting periods, and special considerations, and by working with a dedicated expungement lawyer, you can take significant steps toward a brighter future.
How We Can Help
At HJP Legal, my team and I are here to support you in cleaning up your past – every step of the way. We handle expungements in Michigan, as well as Florida and California, and can provide the legal expertise needed to navigate your situation effectively in each of these states. From addressing charges to dealing with the police and insurance companies, we’re here to ensure that you make informed decisions and protect your rights.
If you or a loved one would like felonies or misdemeanors off your record, don’t hesitate to reach out for a free, confidential consultation at 517.449.6544. We are committed to helping you through this challenging process with compassion and expertise.