“How do I find the best expungement attorney near me?”
A difficult or troublesome period in a person’s life should not define their character or brand them as a criminal for their lifetime. Expanded expungement laws in Michigan were passed to give greater options to clear a person’s record and give them a second chance.
Expungement of Multiple Felonies and Misdemeanors
You can file motions to set aside up to 3 felony convictions and an unlimited number of misdemeanors. Even with multiple offenses on your record, you may have the ability to clear your criminal history. Michigan law also provides automatic expungement of up to 2 qualifying felony convictions and 4 qualifying misdemeanors. Many felony and misdemeanor convictions are excluded from automatic expungement. A motion to set aside a conviction can be filed years earlier than when a qualifying conviction is subject to automatic expungement. The best expungement attorney will be able to review your record with you and determine what options are available.
Depending on the seriousness of the offense, multiple offenses committed as part of a single event, might only count as one conviction. This is called the “one bad night” rule.
Expedited Motion to Set Aside Conviction(s)
A motion to expunge a criminal conviction can be filed years earlier than automatic expunction is triggered. Automatic expungement of up to 2 qualifying felonies does not occur until after 10 years following the last contact with the criminal justice system. Qualifying misdemeanors are not automatically expunged until at least seven years have passed, without contact with the criminal justice system, following the imposition of sentence on the last misdemeanor conviction.
A Motion to Set Aside Conviction by expungement can be filed much earlier than automatic expungement. For multiple felony convictions, an application for expungement can be filed after as soon as 7 years following release from probation or incarceration on the last felony conviction or contact with the criminal justice system. One felony and one or more serious misdemeanor convictions can be expunged by an application after 5 years. One or more ordinary misdemeanor convictions can be expunged as soon as 3 years following sentencing on the last misdemeanor conviction.
Why not wait until automatic expungement is triggered?
Even the best expungement lawyer cannot expedite automatic expungement. Even the least serious misdemeanor, like a traffic offense, for example, will reset the clock on when a conviction is eligible for expungement. If an individual waits for automatic expungement and a mistake is made resulting in a new conviction, any convictions that could have been removed by an application for expungement will remain on an individual’s record for years longer than were necessary. An expression that is important to consider when determining if someone should file an application for expungement, or wait for automatic expungement, is “strike while the iron is hot.”
“What convictions are not eligible?”
Not more than 2 felony convictions and 4 misdemeanor convictions may be set aside automatically during an individual’s lifetime. Convictions for the following offenses can only be set aside by application:
- An assaultive crime.
- A serious misdemeanor (click link for more information).
- A crime of dishonesty (click link for more information).
- An offense that is punishable by 10 or more years’ imprisonment.
- An offense against a minor or vulnerable adult.
- An offense resulting in an injury, serious impairment, or death.
- Any violation related to human trafficking.
Convictions for some offenses cannot be set aside automatically or by application, such as Operating While Intoxicated (OWI), life offenses, most criminal sexual conduct convictions, traffic offenses resulting in injury or death, felony domestic violence convictions (if there is a prior domestic violence conviction), and some convictions for crimes involving the use of a commercial vehicle.
“How much does it cost to hire a lawyer for expungement?”
The cost of hiring an attorney will vary greatly depending on the number of convictions you seek to expunge. Some lawyers charge fees that will fit into most budgets; however, all lawyers are not the same. Discount or multi-practice lawyers typically have less experience or are less effective in court. Remember, “you get what you pay for.” If your application to set aside an expungement is denied, you have to wait years before you can seek expungement again, and there is no guarantee the judge will ever change their mind. Ask yourself, “what will it cost me if my application is denied and the conviction(s) stay on my record?” Generally speaking, the cost of hiring the best expungement attorney is far less than the cost of failure.
“Should I get a lawyer to help me clear my record?”
If you are asking yourself, “Do I need a lawyer to get my record expunged?” the answer is probably “yes.” You should hire a lawyer to assist you with an application for expungement. If you try seeking an expungement on your own and fail, you will have to wait a minimum of 3 years before you can try again. Following a denial, even the best expungement attorney will find it challenging to convince the judge to change their minds.
“What do you say to the judge for expungement?”
Lawyers with extensive experience know how to craft a unique and persuasive argument based on their client’s individual circumstances. Most self-represented defendants, and even most lawyers, do not know the most effective arguments to make in court. The best expungement lawyer will take the time to speak with you, get to know your history, and fully explore all the reasons to support an argument to expunge any felony or misdemeanor conviction. To convince a judge to grant expungement, they must believe you have been rehabilitated, your conduct since the conviction has been reputable, and setting aside the conviction is in the community’s best interest.
What lawyer is the best expungement attorney for you?
The Expungement Team with LEWIS & DICKSTEIN, P.L.L.C. has decades of experience winning felony and misdemeanor expungements in courts throughout Michigan. Our track record of success is unparalleled. If you call us for a free consultation, we will take the time to talk with you and help you determine what options are best to clear your record. Even if you do not think you are eligible for expungement or have an unforgiving judge, we can often find creative and innovative ways to persuade judges to remove convictions.
Call us today at (248) 263-6800 for a free consultation or complete a Request for Assistance Form. We will contact you promptly and find a way to help you.
We will find a way to help you and, most importantly,
we are not afraid to win!
