There are some exceptions to what records can be expunged; a felony punishable for life imprisonment,most criminal sexual conduct crimes and traffic offenses such as a Michigan drunk driving conviction cannot be expunged. The process of expunging a record requires 5 years to pass since the date of sentencing or completion of a term of imprisonment for the conviction, whichever is later.
This application must include:
- The full name and current address of the applicant
- A certified record of the conviction to be set aside
- A statement that the applicant has not been convicted of another offense
- Whether applicant previously filed an application to set aside this or any other conviction
- Whether the applicant has any other criminal charges pending
- A consent to the use of the nonpublic record created under MCL 780.623.
If your Michigan conviction was an assaultive crime or another qualifying offense, the victim must be notified, and the victim has the right to appear at the proceeding and make a written or oral statement.
Having your record expunged is not possible if you have pending or open charges. The court will not act until the Michigan State Police has verified the lack of pending of open charges. It's not uncommon to have mistakes or a duplication on your criminal history, which will hinder your ability to have your record expunged. An experienced Michigan defense attorney will be able to investigate this situation, and clear up any mistakes.
Once the court is satisfied that there are no pending charges, the court will determine the circumstances and behavior of the applicant, and determine if expunging the applications record is consistent with the public welfare. Setting aside a conviction is a privilege and conditional and not a right. An experienced attorney will present your case in the most convincing matter that will give you the best opportunity to have your record expunged.
If you would like to discuss having your record expunged, call the Kelly & Kelly legal team today.