Expungement

Muskegon Lawyers Aiding People in the Pursuit of Expungements

Criminal convictions can substantially limit people’s career prospects and negatively impact their relationships and reputations. Luckily, some people can erase their criminal history via expungements. Obtaining an expungement can be complicated, though, and only certain people are eligible to obtain such relief. As such, it is smart for anyone previously convicted of a criminal offense in Michigan to speak to an attorney to discuss whether they can seek an expungement. The skilled Muskegon criminal defense lawyers of McCroskey Law have ample experience helping people erase their criminal histories, and if you were previously convicted of a crime, they can assess the circumstances surrounding your conviction and advise whether you may be a candidate for an expungement. We represent parties in expungement proceedings in Grand Rapids, Muskegon, Holland, and Grand Haven, and throughout the surrounding areas.

Eligibility for Expungement

Michigan law provides that many people convicted of crimes can apply to have their convictions set aside, or expunged, which removes their criminal record from the public domain.  People convicted of some offenses, like murder, felonies that carry a maximum penalty of life imprisonment, and certain crimes against children and criminal sexual conduct, cannot seek expungements.

Generally, people convicted of both misdemeanor and felony offenses that do not fall under the enumerated exceptions can seek expungement. Specifically, parties convicted of one or more crimes, but not more than a total of three felony offenses, can file applications with the courts in which they were convicted, seeking expungement of all of their convictions.

The law dictates that people cannot seek expungement of more than two assaultive crime convictions throughout their lifetime. The law also prohibits parties from requesting expungement for more than one felony conviction for the same crime if the crime is punishable by more than ten years’ imprisonment. Notably, under Michigan’s “one bad night” law, certain convictions that arise out of actions in a 24-hour period are considered one conviction.

Some traffic offenses can be expunged, but orders expunging convictions for traffic offenses cannot compel the Michigan Secretary of State to expunge or remove the conviction from a person’s driving record.

The Expungement Process

Under the current law, parties seeking an expungement must first determine whether they are eligible and have waited the required length of time. The waiting periods are three, five, and seven years, depending on the number and type of convictions a person wishes to expunge. They must then send the appropriate application for expungement, along with certified copies of the convictions they wish to expunge and an official set of their fingerprints, to the convicting court, the Attorney General, the prosecuting agency, and the Michigan State Police. They will ultimately receive a hearing date, and during the hearing, must offer evidence as to why the court should grant their request for expungement. If the court rules in their favor, it will issue an order granting the expungement.

Notably, Michigan has an automated system for expunging convictions without the need to file an application. Under the automated system, up to four misdemeanors will be automatically expunged seven years after sentencing, and up to two felony convictions will be expunged ten years after sentencing or the convicted person’s release from custody, whichever is later.  Some crimes, like serious misdemeanors, assaultive crimes, offenses punishable by ten or more years in prison, and those that involve the injury, serious impairment, or death of an individual, cannot be automatically expunged.

Speak to a Trusted Muskegon Criminal Defense Lawyer

Criminal convictions impact people’s lives long after verdicts are entered. If you were convicted of a crime, you might be able to obtain an expungement so that you can move forward in your life without being hindered by your criminal history, and you should speak to an attorney as soon as possible. The trusted Muskegon criminal defense attorneys of McCroskey Law possess the skills and resources required to help you navigate the process of expunging your record, and they can help you seek your desired outcome in a discreet and efficient manner.  We have offices in Grand Rapids, Muskegon, and Battle Creek, and we regularly help people seek expungements in Kent, Muskegon, Newaygo, and Ottawa Counties. You can contact us at 800-442-0237 or via the form online to set up a conference.