Michigan Record Expungement Attorneys

Attorneys Dedicated to Giving Those Who Have Made a Mistake in the Past, a Second Chance by Having their Prior Criminal Convictions Set Aside

A Persuasive, Well-Prepared, and Effective Application to Set Aside Conviction Will Be Granted

“A Negative Moment In Time Shouldn’t Shape Your Future“ – Michigan Record Expungement Attorney

One of the most common expressions is “everyone makes mistakes.” What a tragedy when a person has a lapse in judgment or makes a mistake earlier in life, and their lives are forever shaped by that moment. At LEWIS & DICKSTEIN, P.L.L.C., our Michigan Record Expungement Attorney cannot stand by idly and watch an old conviction ruin our client’s life.

Michigan law provides for the opportunity to seek an expungement of criminal convictions. When all the requirements are met, the judge who hears the motion must be convinced thoroughly that the petitioner has been rehabilitated and that the expungement is in society’s best interest. Convincing a judge that a petitioner meets this very high standard is a daunting challenge; the expert expungement attorneys with LEWIS & DICKSTEIN, P.L.L.C. have taken years to craft and perfect a winning system. We will maximize our client’s chances of having a much-deserved second chance at having a clean record.

Michigan Expungement Requirements

On October 12, 2020, Governor Gretchen Whitmer signed seven bills into law, expanding the number and types of offenses that are expungeable. To determine if your prior convictions can be set aside, you will need to call us for a free consultation. The law provides for many exceptions and limitations, and we will need to hear from you to determine your specific eligibility. The essential provisions of the Clean Slate Laws are as follows:

After April 12, 2021, up to three felony offenses and an unlimited number of misdemeanors can be expunged through the application process.
If applying for expungement, no more than two assaultive crimes can be expunged, and no more than one felony conviction for the same offense if the offense is punishable by more than ten (10) years imprisonment.
After October 12, 2022, at the earliest, a maximum of 2 felony convictions and up to 4 misdemeanors will be subject to automatic expungement, with certain exceptions.
A person with even one assaultive conviction will not be eligible for the automatic expungement of a felony or misdemeanor.
Traffic convictions, other than a second or subsequent OWI/DUI, can be set aside under the Clean Slate Laws (af first offense OWI conviction can be expunged).
Crimes that aren’t eligible for expungement include life felonies or attempted life felonies, felony domestic violence with a previous domestic violence misdemeanor, child abuse, most criminal sexual conduct offenses, and traffic offenses causing injury or death.
A streamlined process for expunging marijuana possession convictions.
Multiple felonies or misdemeanors that arise within the same 24-hour period count as one conviction for expungement.
Crimes that do not count as one conviction, even within the same 24-hour period, include assaultive crimes, offenses involving the use or possession of a dangerous weapon, or crimes that carry a maximum penalty of 10 or more years in prison.

Convictions for certain offenses will disqualify you from being granted an expungement. Those include:

A felony for which the maximum punishment is life imprisonment or an attempt of a life felony (this includes Criminal Sexual Conduct in the First Degree and other crimes)
Possession of child sexually abusive material (Child Pornography)
Using a computer to commit certain crimes
Criminal Sexual Conduct in the First, Second, or Third Degree
Assault with Intent to Commit Criminal Sexual Conduct
Many traffic crimes under the Motor Vehicle Code

An Experienced Record Expungement Attorney Can Make Sure That Multiple Convictions are Will Not Stop an Expungement

The new Michigan expungement laws also allow a person to have multiple felony and misdemeanor convictions and still qualify for expungement. The application can request the removal of all of them under certain circumstances.

Three, Five, and Seven Year Waiting Requirement

The court may not grant a motion to set aside a conviction until after a certain number of years following release from probation or release from prison, whichever was later. Although a petition can be filed before the limitation, the judge cannot grant relief until after that time has elapsed. Many people do not know that there are many things that someone can do well in advance of the eligibility date to increase their odds of winning. An experienced lawyer can help guide you, even well before the eligibility date, to be in the best position possible when the hearing occurs. The waiting period is:

3 years for misdemeanors,
5 years for one or more serious misdemeanors or one felony, or
7 years for multiple felony convictions.

When Considering Expungement in Michigan a Judge Must Balance Personal Circumstances v. Public Welfare

Upon a petition to the court, the court will weigh your “circumstances and behavior” against the “public welfare.” In other words, the petitioner has the burden of proving to the court that their actions and behavior from the date of the conviction until the time of the application are consistent with the goals of protecting public welfare and warrant the expungement of the criminal conviction. The court must analyze the facts and circumstances in your case and cannot deny your request without explanation.

Hiring a top expungement lawyer may be the best investment that you ever make. The benefits include, but are not limited to, indicating that you have no convictions on a job application, eligibility for student loans, qualifying for housing assistance, eligibility for professional licenses and certificates, and no fear when someone does a background check on you.

An expungement eliminates all public records of a conviction in Michigan.

Don’t let a criminal conviction be a black cloud hanging over your life. By expunging a felony or serious offense on your record, you will have the opportunity to have a fresh start and a whole new set of opportunities that were not previously available to you. What is the cost of hiring a great lawyer to help you? Many factors, including a lawyer’s experience, reputation, expertise, and track record of success, determine the fees for representation. What is the cost of not hiring a great lawyer? If you lose an expungement motion because you hired a bargain or inexperienced lawyer, you will have to wait three (3) years before you can try again. The cost of having a criminal record unnecessarily for 3 years is the cost of not hiring a great lawyer.

We Can Help You

If you are interested in getting a prior criminal offense off your record, we can help you. Every case is different, and you deserve to speak to a Michigan Criminal Attorney who will take the time to give you a free consultation and determine if you are eligible for relief. Some cases are extraordinarily complicated and require a professional evaluation instead of a quick consultation and option.

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.

Michigan Record Expungement Attorneys