Can You Have Your Criminal Record Expunged in Michigan?

Living with a criminal record in Michigan might feel like a shadow follows you everywhere. A simple background check could bring up past mistakes, preventing you from getting a job, renting a house, or even moving forward in life. What if there’s a way to leave that past behind?

Thousands of Michiganders seek a fresh start by having their criminal record expunged. But how does that work? In this blog, our experienced criminal lawyers in Michigan explain the eligibility requirements and how the expungement process works.

What is Expungement?

Setting aside your criminal record, otherwise known as “expungement,” means legally removing a criminal conviction from your record. Your previous criminal record will no longer be visible to most employers, landlords, and the public. Once you expunge your record, it feels as though the conviction never happened.

Who Qualifies for Expungement in Michigan?

In 2020, Michigan passed a new law known as the “Clean Slate” law. This law took effect in 2023, expanding the types of convictions that can be expunged and including an automatic expungement provision for certain misdemeanors. This means that ex-offenders will have their old criminal records cleared without even needing to apply.

Automatic Expungement

Certain convictions can be set aside after seven years, while a non-violent felony conviction can be expunged after ten years.

However, not all crimes can be considered for automatic expungement in Michigan. Ineligible offenses include:

• Assaultive crimes (e.g., domestic violence or assault and battery)
• Serious Misdemeanors (e.g., DUI, stalking, indecent exposure, contributing to the delinquency of a minor)
• Felony embezzlement
• Any crime punishable with a sentence of 10 years or longer
• Human trafficking charges
• Any violations that involve the injury, serious impairment, or death of a minor or vulnerable adult
• Any charge ineligible for petitioned expungement

For convictions mentioned above that don’t qualify for automatic expungement, you can still apply through the regular application process.

Criminal Convictions Eligible for Automatic Expungement

Michigan law allows expungement for a variety of offenses:

Offense Type	Expungement Limit	Waiting Period
Misdemeanors punishable by less than 93 days imprisonment	No Limit	7 years
Misdemeanors punishable by 93 days or more imprisonment	Not more than 4	7 years
Felonies	Not more than 2	10 years

For misdemeanor convictions, the waiting period starts from the day you were sentenced.

For felony convictions, the waiting period starts either from the day you were sentenced or the day you finished serving time—whichever comes later.

How To Know if Your Criminal Conviction Has Been Automatically Expunged

You can check if your criminal record was automatically expunged by visiting ICHAT. If your record was not automatically expunged and you believe it should have been, you can email the Michigan State Police Department at MSP-CRD-CSAAUTOMATIC@michigan.gov.

Steps on How To Have Your Criminal Record Expunged in Michigan

Ready to take control and explore if you qualify for expungement? Here’s how the expungement process works in Michigan:

1. Determine If You’re Eligible – Are you unsure if your criminal record qualifies for expungement? Reach out to criminal lawyers in Michigan who understand the system. They will help you determine if your conviction is eligible for expungement.
2. Gather Your Records – You’ll need your conviction record. An experienced criminal defense lawyer can help you gather all necessary documents and paperwork to start the process.
3. File a Petition – Once your paperwork is ready, your lawyer will file a petition for expungement with the Michigan court. This is your formal request to have the record wiped clean.
4. Attend a Hearing – The judge will decide whether to grant your expungement. Having an experienced criminal defense lawyer by your side is always a good idea. A lawyer increases your chances of walking out with that clean slate.
5. Wait for the Decision – If the judge approves, your record will be expunged. You will receive a notification if this happens.

The Benefits of Expunging Your Criminal Record

Expungement gives you a fresh start, free from the baggage of a criminal offense that can hold you back in many areas of life. By clearing your record, you will be able to achieve:

• Better Job Opportunities – Many employers run background checks. If your record is clean, your chances of landing that dream job can increase.
• Housing – Landlords are notorious for rejecting applicants with criminal records. By expunging your record, you can significantly improve your chances of securing housing and presenting yourself as a responsible tenant.
• Professional Licenses – If you’re in a field that requires licenses or certifications (like healthcare, education, or law), expungement can remove roadblocks.
• Peace of Mind – Knowing your record is clean can give you a sense of relief and freedom. You no longer have to live with the fear of being judged for your past mistakes.

What Crimes Cannot Be Expunged in Michigan?

Not all criminal records can be set aside. Below is a list of criminal records that are ineligible for expungement:

• Crimes punishable by a life sentence
• Assault with the intent to commit criminal sexual conduct
• Offenses involving sexually abusive material or activities related to minors
• Felony domestic violence if the person has a prior misdemeanor conviction for domestic violence
• Fourth-degree criminal sexual conduct (if committed after January 12, 2015)
• Offenses related to human trafficking
• Second-degree child abuse
• Second-degree criminal sexual conduct
• Certain traffic offenses, including driving while intoxicated, offenses resulting in injury or death, and violations involving a Commercial Driver’s License
• Crimes associated with terrorism, including attempts to commit such offenses
• Third-degree criminal sexual conduct
• Using a computer to engage in sex crimes

It’s essential to consult a seasoned “criminal defense lawyer near me” to fully understand your eligibility and options for expungement. They can evaluate your unique situation, guide you through the legal process, and ensure you take the proper steps to clear your record.

Should You Hire a Lawyer for Expungement?

You might be thinking, “Can’t I just do this on my own?” Michigan’s expungement process can be tricky. A mistake on your paperwork or missing a hearing could set you back months—or even cost you the chance to clear your record. A criminal lawyer in Michigan who knows the system can ensure everything is done right, improving your chances of success.

Take the First Step Toward a Fresh Start with LaBre Law Office

Are you ready to move on with your life? Take control of your future today. Expungement in Michigan can open new doors that were previously closed. However, navigating the legal system can be daunting, especially when it comes to understanding your rights and the expungement process.

Our experienced criminal lawyers in Michigan are here to be your advocates every step of the way. We know the ins and outs of Michigan’s expungement laws and are committed to guiding you through the entire process.

We pride ourselves on providing legal assistance, compassion, and understanding for our clients. We know how stressful this process can be, and our team is dedicated to making it as smooth as possible. Your future is important to us, and we’re here to help you reclaim it. Contact us today at (269) 431-2058 or complete our secure online form to schedule your consultation.

At LaBre Law Office, Excellence is Our Standard.

Copyright © 2024. LaBre Law Office. All rights reserved.

The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

LaBre Law Office
68897 Cass St,
Edwardsburg, MI 49112
(269) 431-2058
https://labrelaw.com/