Bloomfield Township
Expungement Attorneys Petitioning to Set Aside Your Conviction
If you were convicted of a crime, you might have been sentenced to imprisonment, fined, placed on probation, or been subject to several other criminal sanctions. You might find that even after you have completed your court-ordered terms, you are still facing several hurdles hindering you from re-entering and becoming a productive member of society because the conviction still appears on your criminal record. Fortunately, you can seek relief from these obstacles by applying for an expungement. If your request is granted, your conviction will be set aside, making it inaccessible to the public. Because the process of pursuing this legal vehicle can be complex, it’s important to have an attorney guide you through each stage.
For the legal representation you need, call us at 248-986-2682 or contact us online. Your initial consultation is free.
What Is an Expungement?
An expungement is a legal vehicle available to many people found guilty of a crime. It allows relief from the obstacles arising from a conviction, opening opportunities that the individual may have previously been ineligible for.
If the court grants an expungement, the individual’s public criminal record is cleared. That means if an employer, landlord, or other agencies run a background check, they won’t see the conviction. However, some limited exceptions exist. For example, if a person applies for a government job, such as for a position as a police officer, the potential employer may still have access to their criminal history information.
Who Is Eligible for an Expungement in Michigan?
For a person to be considered for an expungement, they must meet certain eligibility requirements. If they have any of the following, their request for post-conviction relief will not be granted:
- More than 3 felony convictions
- More than 1 assaultive crime to be set aside
- More than 1 felony with a maximum incarceration term of over 10 years
- Pending charges or received
- Conviction occurring after the offense for which they are seeking relief
Our expungement lawyers in Oakland County can review the details of your case to determine whether you meet the eligibility requirements to have your conviction set aside.
Our defense lawyers can help you navigate your legal process, schedule your free case review now to get started!
What Crimes Cannot Be Expunged?
Although expungement is available for many individuals, those who have certain convictions cannot have their records cleared.
In Michigan, the following cannot be expunged:
- Crimes with a possible lifetime prison sentence
- Child abuse (except fourth-degree child abuse)
- Criminal sexual conduct
- Specific felonies penalized by more than 10 years imprisonment
- Felony domestic violence (when the individual has a prior misdemeanor domestic violence conviction)
- Felony marijuana crimes
- Solicitation or prostitution (except when the individual was a human trafficking victim)
- Alcohol-related traffic offenses
- Commercial vehicle traffic violations
- Traffic offenses resulting in injury or death
At Fraiberg & Pernie, our team can discuss in detail the specific offenses ineligible for expungement. Speak with us to learn more about your legal options for your situation.
What Can Be Expunged in Michigan?
There may be several crimes for which convictions cannot be set aside, but there are also various offenses for which this relief is available. Below are a few examples of convictions that can be expunged in Michigan:
- Some traffic crimes
- All misdemeanors
- Misdemeanor marijuana offenses
Our Oakland County expungement attorneys can go through your record and let you know if your conviction can be cleared.
What Are the Waiting Periods for an Expungement?
A person must wait a certain amount of time after completing their sentence to apply for an expungement. The expungement waiting periods are as follows:
- 7 years: When seeking an expungement of 2 felony convictions
- 5 years: When seeking an expungement for 1 felony or 1 or more serious misdemeanors
- 3 years: When seeking an expungement for 1 or more misdemeanors
If the judge denies the request, the applicant must wait 3 years before petitioning for relief again.
Contact Fraiberg & Pernie for Legal Help
Presenting a persuasive case for your expungement is essential. Our team can build a compelling case for you and help present your argument at the hearing. At Fraiberg & Pernie, our Oakland County expungement attorneys have over 35 years of combined experience. We can deliver the counsel you need to seek to have your record cleared. Our team firmly believes that people deserve a second chance. We are ready to do what it takes to help you successfully petition the court to set aside your criminal record.
To get started on seeking to set aside your conviction, call us at 248-986-2682 or reach out to us online.
In Michigan, eligible convicted criminals may attempt to have their convictions officially “set aside,” or expunged, after a certain period of time, meaning they are essentially taken off your record and/or “forgiven.” However, there are many strict limits that can impede your qualifications, some of which include:
Number of Convictions
In order to be eligible to have any sort of conviction(s) set aside, expungement, in the state of Michigan, you must not have more than one felony or two misdemeanors. If you have one felony and two or fewer misdemeanors, you may ask a judge to set aside your felony. If, however, you have no felonies whatsoever, you may ask a judge to set aside one or both of your misdemeanors. Any misdemeanor or felony convictions that were deferred or dismissed must also be included, though they will only count as misdemeanors regardless.
Type of Conviction(s)
There are some convictions that can never be expunged from one’s record. A mere few of these include:
- Crimes involving sexual abuse and/or misconduct
- Crimes in which the victim was a child
- Certain traffic offenses, such as drunk driving
- Felony domestic violence charges with additional related misdemeanor charges
If you are not sure exactly what crimes are listed on your official record, you can get a copy of your record using Michigan’s Internet Criminal History Access Tool (ICHAT) or visit the court where you were convicted to get an official Order of Conviction copy. Once you determine if you are eligible, there is a significant waiting period before you can submit an application. You must wait at least five years from the date you last interacted with law enforcement in relation to the conviction you’re attempting to set aside. If you attempt to have a conviction set aside and are denied, you must wait an additional three years from the denial date to apply again, unless you have permission from a judge.
Special Circumstances
If you were charged and convicted with a specific offense, like prostitution, because you were a victim of human trafficking, you may be eligible to have these charges expunged from your record. You may even be able to set aside more than one conviction, and skip the waiting period.
After you have determined whether or not you can even apply to have your conviction(s) set aside also known as expungement, the process only gets more complex. Having highly respected, skilled, well-connected criminal defense attorneys, like ours at Fraiberg & Pernie, is your best chance at having your conviction(s) set aside or expunged. We can help you through every step of your unique expungement process, from completing your application and gathering records for submission to the court, to walking you through the hearing and all the moments thereafter. Let our remarkable attorneys at Fraiberg & Pernie help you get your life back – one efficient step at a time! Call 248-986-2682 or fill in the form in the sidebar for your free consultation.