INTRODUCTION
In Michigan, expungement (or "setting aside a conviction") for certain offenses is possible, but it depends on various factors, including the type of offense and the individual's criminal history.
Key factors for eligibility:
- Type of Offense: Some offenses, including serious felonies or repeat offenses, may not be eligible for expungement.
- Time Requirements: Typically, at least five years must have passed since the completion of your sentence, including probation, or since your release from incarceration.
- Number of Convictions: The individual must meet the criteria regarding the number of prior convictions to be eligible for expungement.
Michigan Compiled Laws (MCL) for Expungement:
The relevant Michigan law for expungement is found under MCL 780.621. This statute outlines the process and requirements for setting aside a conviction in Michigan which is outlined below in detail.
1. Eligibility
- You can expunge up to 3 felony convictions and an unlimited number of misdemeanors (with some exceptions for more serious offenses).
- Some crimes are ineligible for expungement, including:
- Felonies punishable by life imprisonment.
- Child abuse, criminal sexual conduct, human trafficking, and terrorism-related offenses.
- Certain traffic offenses, such as DUIs.
- IMPORTANT TIP: EXPUNGEMENTS AFFECT NON-UNITED STATES CITIZENS VERY DIFFERENTLY. IT IS IMPORTANT TO CONSULT WITH AN EXPERIENCED IMMIGRATION AND CRIMINAL DEFENSE ATTORNEY TO SEE IF AN EXPUNGEMENT IS APPLICABLE IN YOUR CASE.
Waiting Periods:
- Felony convictions: Must wait 7 years after completing all terms of your sentence (including probation and parole).
- Misdemeanor convictions: Must wait 3 to 5 years (depending on the offense) after completing your sentence.
2. Necessary Documents
- Certified copies of your conviction(s): You will need certified copies of your criminal record for each conviction you are trying to expunge. This can be obtained from the court where you were convicted. This fee is usually $10 per page.
- Criminal history report: Obtain a copy of your criminal history from the Michigan State Police. This can be requested online and the fee is $10 per search.
- Fingerprinting: You will need to be fingerprinted as part of the process. This can be done at a local law enforcement agency or through a private fingerprinting service. This fee is usually $10-$30.
- Application form: Fill out the application to set aside your conviction. The form is available from the Michigan courts website.
3. File the Petition
- Complete the Application to Set Aside Conviction (SCAO Form MC 227).
- File the petition in the court where you were convicted. You’ll need to file a separate petition for each conviction you want to set aside.
- There is usually a filing fee for submitting the petition. It can vary by county. The fee in Wayne County is $50.
4. Serve Copies
- You will need to serve copies of your petition on the Michigan Attorney General, the prosecutor’s office in the county where you were convicted, and the Michigan State Police. This ensures that all parties are notified of your request for expungement.
5. Court Hearing
- After filing the petition, the court will schedule a hearing. At this hearing, the judge will decide whether to grant your request to set aside the conviction.
- You may need to attend this hearing in person or by zoom and explain why you are seeking an expungement.
- The prosecutor or the victim (if any) can object to your expungement request and may send in statements or appear at this hearing to speak.
6. Judge's Decision
When determining whether to grant your request to set aside the conviction, the judge will consider factors such as:
- The nature and severity of the crime.
- Your behavior since the conviction.
- Whether granting the expungement is in the best interest of the public.
**If the judge grants your expungement, your criminal record for that conviction will be sealed.
7. Post-Expungement
If the court grants your expungement, it may take time for the conviction to be fully removed from public records. Michigan State Police will update your criminal record to reflect the expungement. Some private background check agencies may still have records of your conviction until their databases are updated.
8. Follow Up
Make sure to check that the conviction has been removed from your public record by obtaining a copy of your criminal history.
CONCLUSION
Each case is unique, so it may be helpful to consult with our experienced lawyers to ensure your petition is properly filed. Additionally, the Michigan Attorney General’s office and many local organizations offer assistance with the expungement process.
Resources:
- Michigan's Application to Set Aside Conviction
https://courts.michigan.gov/Administration/SCAO/Forms/courtforms/mc227.pdf
- Michigan’s upcoming expungement fairs
https://www.michigan.gov/ag/initiatives/expungement-assistance/upcoming-expungement-fairs
