Michigan Expungement Set-Aside Conviction Attorney
Schmierlaw can help you Expunge or Set Aside a Prior Conviction and say "Your Record is Clean"
Call Experienced, Affordable, and Aggressive Expungement Lawyer Schmierlaw
Call Experienced, Affordable, and Aggressive Expungement Lawyer Schmierlaw
Get an Expungement and Tell Them Your Record is Clean
If you ever wondered how long a felony stays on your record or how to clean up your record and get a felony conviction removed, call Schmierlaw for help. Many people think a criminal felony or misdemeanor conviction is removed from your record after seven years, but that is not true. A conviction will stay on your record for life unless you are able to expunge or set aside the conviction. With the law now changing, you may now be eligible for an expungement and clean up any criminal history. Call Schmierlaw to discuss your case and whether you qualify to have your criminal record expunged
Looking for a Job is Tough Enough You can set aside your conviction or expunge your Michigan felony or misdemeanor criminal record and truthfully say "I have never been convicted of a crime".
Under the current law, you can apply for a felony or misdemeanor expungement and wipe your record clean if you have no more than one felony conviction and two misdemeanors. Some offenses, however, like Drunk Driving and other Driving Related Offenses, Capital Offenses, and Criminal Sexual Conduct crimes are not eligible for expungement. You may apply to expunge your felony or misdemeanor if 5 years have passed since your conviction and your release from prison, jail, or probation.
You may not apply to have your felony or misdemeanor expunged if you have been convicted of another felony or more than two misdemeanors. In addition, if you have two misdemeanors and no other other convictions, you can have both misdemeanors expunged at the same time. The law to expunge your criminal record in Michigan has recently changed so contact Schmierlaw to determine if you qualify.
Michigan is Changing the Law Even if you don't currently qualify under the current law to expunge your criminal record, there is a bill making its way through Lansing that would substantially lower the requirements for an expungement. These changes are expected to be signed into law but when it will actually take effect would still be months away. Check back if you do not qualify now as the details of the new law become known.
New Legislation Destroys Your Arrest Records, Fingerprints, and Biometric Data
If you were arrested for a crime and then not charged, the State Police are now required to destroy most evidence of that arrest. That includes the arrest record, fingerprints, entry of the arrest on LEIN, (the Law Enforcement Information Network), and ICHAT, (the public internet accessible Michigan criminal record database).
In the past, even though your criminal might show that the charge was dismissed or you were not prosecuted. a record of the arrest was still visible. The record of the arrest, while not showing a conviction, made background checks, credit applications, and even getting a lease a problem. Schmierlaw has experience in getting convictions removed from your record and can now help you get any record of uncharged arrests destroyed. For felonies and certain serious misdemeanors, DNA record will still be maintained.
There are several procedures that must be followed in order to get a Felony or Misdemeanor expunged in Michigan
Certain forms must be filled out, several agencies must be contacted, and you must appear before to Court to plead your case and explain why you should be granted an expungement. In Michigan, an expungement is not a right but a privilege, so getting it right the first time is important. An experienced Michigan expungement lawyer may be the difference between
This is what we will do:
We will fill out the necessary forms, you sign them, and get them notarized.
We will send you to the right agency to get the fingerprinting done.
We will obtain a certified conviction record.
We will fill out the proper forms, and send the applications to the appropriate agencies.
We will advise you of other things you can do to help convince the Judge to grant the expungement.
We will speak to the Prosecutor to make sure he has no objections.
We will schedule a hearing at the appropriate Court and appear with you.
We will work diligently to ensure you obtain the best possible outcome when applying for an expungement.
Can I Expunge My Felony or Misdemenaor Crime in Michigan?
Were you convicted of a crime that the maximum punishment is life in prison even though you may not have been sentenced to life?
Were you convicted of attempting to commit a crime where the maximum punishment is life in prison even though you may not have been sentenced to life?
Were you convicted of a sex crime or attempting to commit a sex crime?
Is the conviction you are trying to expunge a driving or traffic related offense, such as drunk driving or driving on a suspended license?
Do you have more than one felony and more than 2 misdemeanor offenses? (count convictions in other states).
Has it been less than 5 years since you were convicted AND released from imprisonment and parole or probation for the crime for which you were convicted?
Have you had a previous diversion like HYTA or 7411? If yes, it still is considered a conviction for purposes of getting an expungement.
If you answered "no" to all these questions, then you qualify to apply to have your felony or misdemeanor expunged.
If you answered "yes" to any of these questions, then until the Michigan Legislature changes the law again, you will not be able to expunge your criminal record in Michigan under the current law. There may be other solution based on your particular situation, so give us a call to discuss your case.
For the Best Criminal Defense Possible
Contact Schmierlaw for an Initial No-Cost Consultation
Contact Us for an Initial No-cost Consultation
Law Office of James G. Schmier, PLLC
2222 Attard Street, Birmingham, Michigan 48009
Tel: (248) 705-3742 FAX: (248) 540-0044 Email: jschmier@schmierlaw.com