Michigan Criminal Record Expungement: Learn How to Get Your Criminal Record Expunged in Michigan
It is possible to request for criminal record expungement Michigan or set aside your criminal record if you have the necessary eligibility and meet specific requirements. Once you have succeeded in setting aside your conviction, it would not be displayed in a majority of background checks. Also, in most circumstances, you need not divulge it.
If there is a criminal record against your name, it may be tough to get a professional license, get work, or financial aid. In Michigan, though, some felony and several misdemeanor convictions are qualified to be set aside or expunged so that people will be unable to access or view your criminal record.
Meanings of Michigan expunge criminal records, set aside or sealed records
The process of Michigan criminal record expungement, also referred to as sealing in some of the other states is setting aside your criminal record. It means that the details of your conviction will be concealed from public view. Also, in a majority of scenarios, once your record has been set aside, you need not divulge to your potential recruiters that you were convicted of an offense in the past. Only specific government agencies and courts will be able to see the details of the conviction(s), which are set aside.
Eligibility of setting aside criminal record in Michigan
According to Michigan law, you can file a petition to set aside your record under the circumstances listed below:
- When you are convicted of a maximum of 2 misdemeanors, as well as, no other misdemeanor or felony crimes, you can file a petition for setting aside both or one of those misdemeanor convictions
- In case you are convicted of a maximum of 2 misdemeanors and 1 felony, you may file a petition for setting aside the conviction of that felony
Also, in case you have any misdemeanor or felony convictions, which were dismissed and deferred, they are regarded as misdemeanor convictions while ascertaining whether you have the eligibility for setting aside your record.
However, you have to wait for 5 years post your conviction, discharge from parole, or release from jail, prior to applying for setting aside your criminal record. After setting aside an adult conviction, you are ineligible for getting criminal records expunged in Michigan in the future.
Human trafficking victims in Michigan
In case you are convicted of any prostitution offenses listed in the state law because of suffering from the crime of human trafficking, it is possible to have the eligibility of setting aside more than 1 of those convictions in the state. If that is the case for you, there is no need to wait for 5 years for filing a petition for expungement. You can apply for setting aside your record at any time.
Ineligible for setting aside criminal records in Michigan
You will lose the eligibility of setting aside your record in the following cases”
- The conviction was related to a human trafficking crime
- Your conviction was related to an attempt of committing a felony or a felony for which life imprisonment is the maximum possible punishment
- The conviction was for a domestic violence felony and you were convicted of a misdemeanor domestic violence crime in the past
- The conviction to be set aside is a traffic-related crime and includes the offense of driving a vehicle while intoxicated
- You were convicted of trying to commit or committing criminal sexual assault offenses, child sexual abuse, or any of the listed child abuse crimes
- It was a 4th-degree criminal sexual conduct conviction after or on 12th January 2015 and there are no other convictions in your name apart from a couple of minor crimes.