Appeals and Expungement Disclaimer:
The Appeals and Expungements, writ, probation, record sealing, parole, new trial, appellate court, criminal appeal, administrative findings, or other legal defense information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer or attorney client relationship. Our law firm encourages you to seek independent counsel for legal advice regarding your individual criminal defense felony or misdemeanor legal issues including appeals, writs, expungements, criminal appeal, administrative decision, probation, parole, new trial and appellate court proceedings. Any results portrayed here were dependant on the facts of that case and the results will differ if based on different facts.
Criminal “Expungement” is the process of going to court to ask a Judge to seal a criminal record. When a record is sealed, it does not show up in a criminal background check. It is important to remember that a sealed record is not destroyed. The police, immigration authorities, and other public officials may still see sealed court files for certain purposes.
Michigan law allows the expungement of the record of a one-time criminal offender if he or she satisfies all of the requirements of the Expungement Statue, MCL 780.621.
A petition for expungement of a criminal record may not be filed until five years after the completion of a prison term or imposition of a sentence, whichever occurs later. 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 his or her 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 make a sufficient analysis of the facts and circumstances in your case and cannot deny your request without explanation as to the basis of the determination.
Even if you are found "not guilty" in a criminal case, you still have a criminal record. But, the laws of Michigan permit expungement of a case if the outcome is "in your favor." For example, if you are arrested and charged, but the prosecutor later decides to dismiss the case, you may ask for an expungement. If you never entered a guilty plea and you successfully completed a pre-trial “diversion program,” you may also qualify for an expungement. A conviction (pleading guilty or being found guilty) is not an outcome "in your favor."
Expungement of a criminal conviction is possible, but not often granted. Serious crimes like murder, aggravated assault, driving while intoxicated, and sex offender crimes are never expunged. Less serious crimes may be expunged only if you can show that you have made real changes in your life, that you are a different person now, and that it is very unlikely that you will commit another crime.
Michigan Court Forms
Multiple Convictions - Misdemeanors
A person who is convicted of not more than one offense may file an application with the convicting court for the entry of an order setting aside the conviction. A person may have only one conviction expunged. Thus, a person convicted of only one offense may obtain expungement, but a person convicted of more than one offense may not obtain expungement. Multiple offenses which disqualify a person from expungement include any convictions, whether misdemeanor or felony. MCL 780.621(1)
If you would like to “erase” or expunge a criminal conviction from your record, we can certainly assist you. Generally, you must wait a period of time to attempt an expungement, and you must prove that your record has remained virtually spotless. Unfortunately, some offenses (OWI, Traffic Offenses, Capital Offenses, etc.) are not eligible for expungement. The laws and procedures for expungements change frequently, and we are happy to answer your questions.
Expungement of your criminal conviction will help you avoid the legal, economic, and social problems of a criminal record in two ways:
1) You may legally say that you have never been arrested or convicted of a crime.
2) If anyone does a background check on you, courts and law enforcement agencies will indicate, "no criminal record exists".
3) Become eligible for student loans;
4) Become eligible for housing assistance;
5) Become eligible for more types of professional licenses and certificates
Tell friends and family that you have not been convicted of a crime
6) To stop fearing or being embarrassed when someone does a background check on you.
Expunging your criminal convictions can substantially "clean up" your criminal record, making it easier to land a job, obtain a state license or join a professional organization. The expungement process also gives clients the personal satisfaction of rebounding from a past mistake and making a "fresh start."
Our criminal defense and expungement lawyers can help you to:
Withdraw your pleas of guilty or no contest to criminal charges
Get misdemeanor or felony cases dismissed
Reduce felony convictions to misdemeanors
Expunge a DUI conviction
Seek early termination of probation
Seal juvenile records
Destroy arrest records
Petition for findings of factual innocence
Obtain Certificates of Rehabilitation and Pardons
HOW DO I GET STARTED?
STEP 1 - Determine if you qualify. These are the basic requirements:
Have you have never had a record sealed or expunged before?;
Have you never have been convicted (adjudicated guilty) of a misdemeanor, criminal ordinance violation (this also includes traffic criminal cases such as DUI, reckless driving, or driving while license suspended) or a felony?;
Are you currently under court supervision (probation, community control, or any other court mandated program)?;
Do you have more than conviction
Is your conviction less than Five Years old.
STEP 2 - If you answered "No" to the four questions above you will qualify to have your record sealed or expunged. If you answered "YES" to any one of the questions above, you will not qualify. If unsure, please send go to the FREE EVALUATION page and send us a message.
These general guidelines apply to many expungement :
People have to apply (in writing) for expungement. Arrest and conviction records are not automatically expunged or cleaned after a number of years. In Michigan Five Years for convictions.
Even though a conviction has been expunged, in some cases it can still be used to increase the severity of a sentence should a defendant again be convicted. For example, an expunged conviction may subject a defendant to a "three strikes" sentencing law.
Criminal convictions cannot be expunged until about Five years after they occur, and then only if the defendant is complete with serving the sentence and is facing no new charges.
Not all convictions are eligible for expungement. For example, in Michigan defendants cannot expunge convictions involving sex offenses. Juvenile and misdemeanor convictions are pretty much subject to expungement.
A defendant acquitted of a criminal charge may be able to have the records of the arrest and charge cleaned as soon as possible.
If you have a felony on your record, you may be able to have it expunged. Expungement can be a difficult process that takes time and effort. Thankfully, the professional and experienced team at the Law Offices of Israa Zaher is seasoned Detroit criminal defense lawyers and can help you clear your record.
Benefits of Expungement:
Background Checks: Your felony will no longer appear when potential employers check your record.
Civil Service: You will no longer be denied the ability to serve on a jury.
Voting: You will regain the right to vote in state elections.
Employment: Expunging felonies from your record will help you get that dream job.
Michigan law allows residents to expunge their criminal record under certain circumstances. Officially, it's called setting aside convictions and the statute for this is MCL 780.621(MCL stands for Michigan Compiled Laws).
It's possible to have your record expunged or sealed; however, that's an option for relatively few people.
Not everyone qualifies for expungement of criminal records. Whether or not a person qualifies to have their record expunged depends upon many factors, and combinations of factors
Call Our Law Firm Today
1 313 982 0010
COMPLETION TIME: Please keep in mind that sealing or expunging a record can take 5-7 months on average. The sooner you start the sooner it will be done. We are often asked if it can be done faster. The answer is no. Also, there is no extra fee you can pay to get it done faster either. There are several agencies that must be dealt with in order to complete this legal process and each one of them takes their own respective time to complete their part. BEWARE of any attorney that promises that they can complete this in 3 or 4 months. Ask them to put their promise in writing!
What is Criminal Expungement ?
1) Was this a felony or
2) Was this a sex-offense?
3) Were you granted
4) Did you successfully
4) Is this your one and
only criminal conviction
in your entire life?
5) Are you currently facing
any criminal charges
or on probation
for ANY offense?
6) Was this conviction
over 5 years
Would you like us to contact you
Free Michigan Expungement Test
Expunging Michigan Criminal Convictions
Do you have a criminal record that is preventing you from obtaining gainful employment or causing other problems in your life?
Criminal Procedure : Expungement
The purpose of the expungement statute is to expunge the record of one-time offenders who satisfy the requirements of the act.
Applicability - Time
An application for expungement of a criminal conviction may not be filed until five years after imposition of the sentence, or until five years after completion of any term of imprisonment, whichever occurs later. MCL 780.621(3)
The benefits from an expungement can be numerous. When seeking a job, housing, or a professional license, an applicant who has his or her criminal record sealed or destroyed can, in some states, legally assert that he or she has no criminal history. Generally, if a record has been expunged, a background search by an employer, educational institution, or a government agency of an individuals public records will not reveal a conviction or arrest. Expungement or sealing of a record is becoming increasingly important in the internet-age, given the ease of access to public information.
Is there a hearing ?
There will be a hearing in your case, and evidence will be presented by your attorney. Evidence may mean testimony, affidavits, or other documents. The specifics will be decided by the judge. The victim may be informed of your application for an order setting aside your conviction.
The judge will also take into account what you've done with your life during the five years since the conviction or release from jail.
It is not a guaranteed procedure and the judge has discretion in deciding your case. Keep in mind that there is no "right" to set aside a conviction. It is a privilege and conditional.
When You Retain Our Law Firm - Everything is Covered:
We Handle All the Paperwork,
We Will Write Job Letters Explaining that Your Expungement is Underway,
We Pay Your Court Filing Fees & Proof of Service,
We Pay All Copy, Postage, Parking & Travel Expenses,
We Prepare, Serve, and File all Necessary Petitions,
We Argue Your Case in Court (You must appear for hearing in court),
The Court order is Transmitted to the California Department of Justice & FBI.
Michigan law allows the expungement of the record of a one-time criminal offender if he or she satisfies all of the requirements of the Expungement Statue, MCL 780.621. An petition for expungement of a criminal record may not be filed until five years after the completion of a prison term or imposition of a sentence, whichever occurs later. 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 his or her 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 make a sufficient analysis of the facts and circumstances in your case and cannot deny your request without explanation as to the basis of the determination.
While under most circumstances one-time criminal offenders are eligible for expungement, there are certain crimes which are specifically excluded and cannot be expunged. For example, any conviction where the maximum punishment is life imprisonment or an attempt to commit a felony for which the maximum punishment is life imprisonment may not be expunged by the court. Additionally, a conviction for Second Degree Criminal Sexual Conduct, Third Degree Criminal Sexual Conduct or Assault with Intent to Commit Criminal Sexual Conduct may not be expunged. Since CSC 1st degree is potentially punishable by up to life in prison, a conviction cannot be expunged. Again, a person with more than one conviction including all felonies and misdemeanors is not eligible for expungement.
The lengthy application process involves the gathering and drafting of specific documentation and court records. An application will be considered invalid unless it contains all of the information required by the court. An expungement may be the best investment that you could ever make. The benefits include but are in no way limited to: telling a prospective employer that you have not been convicted of a crime; being eligible for student loans; being eligible for housing assistance; being eligible for more types of professional licenses and certificates; telling friends and family that you have not been convicted of a crime; and stop fearing or being embarrassed when someone does a background check on you. An expungement eliminates all public records of the single criminal conviction.
Don't let a criminal conviction be a shadow on your life. By expunging your record you can legally and honestly say that you have not been convicted of a crime!
Michigan Expungement Lawyer
Michigan Expungement Lawyers
Michigan Expungement Attorney
Expungement - Expungements
IS YOUR CRIMINAL RECORD HOLDING YOU BACK?
Arrest and conviction records aren't automatically expunged or sealed after a period of years. Individuals seeking expungement generally have to apply (in writing) and follow the established procedure.