By Attorney James Czarnecki|Czarnecki & Taylor PLLC|NOV 6, 2022
If you have been convicted of a criminal offense in Michigan, you may be eligible to have your record expunged. This process can be complicated and may require the help of an attorney to ensure that it is done correctly. In this blog post, we will discuss some steps involved in expunging your Michigan criminal convictions.
Before we begin the discussion, you should know, in 2023, Michigan will have an automatic expungement process. You can learn more about that in this article.
The steps in the Michigan expungement process.
The first step in any expungement process is determining if you are eligible for expungement. You must meet certain criteria set by the state in order to qualify for this option. The most important factors include: the type of offense for which you were convicted, how long ago it was committed, whether you have any previous convictions on your record, and whether or not you have completed all requirements of your sentence.
1. Determine if you are eligible for an expungement.
To determine whether your particular offense may be eligible for expungement under Michigan law, you will first want to check the state’s official criminal record database (known as ICHAT) to see what items are listed on your criminal history.
If you find a conviction, you must determine if the conviction will be covered under the automatic expungement law, ineligible, an OWI offense, or one that will require a motion and a hearing. Not all convictions will result in an automatic expungement and some will be rejected. With the remaining offenses, the court will take several factors into consideration during the review process and determine whether or not your particular case warrants expungement.
The “Clean Slate” laws expanded the amount of offenses that are eligible for expungement. A person can now expunge up to three felonies and unlimited misdemeanors. Drinking and driving offenses are now eligible for expungement subject to certain restrictions. We have a detailed article on how to expunge your OWI offense. Convictions excluded relate to certain assault or weapons offenses and felonies that carry a maximum sentence of life in prison. The following list details the ineligible offenses:
Ineligible offenses.
https://www.michigan.gov/ag/initiatives/expungement-assistance
- All offenses punishable by life imprisonment
- Assault with intent to commit criminal sexual conduct
- Child sexually abusive material or activity offenses
- Felony domestic violence if the person has a previous misdemeanor conviction for domestic violence
- Fourth-degree criminal sexual conduct (committed after January 12, 2015)
- Human-trafficking related offenses
- Second-degree child abuse
- Second-degree criminal sexual conduct
- Some traffic offenses such as: convictions for driving while intoxicated, traffic offenses that cause injury or death, and commercial driver’s license violations
- Terrorism-related offenses – includes convictions for attempts to commit any of these offenses
- Third-degree criminal sexual conduct
- Using a computer to commit sex crimes offenses
The State of Michigan provides a list of frequently asked expungement questions and can be found here.
2. Determine which court had jurisdiction over your case.
Once you have determined that you are eligible for expungement, the next step is determining which court has jurisdiction over your case. In Michigan, there are several courts with different jurisdictions including district courts and circuit courts. Determining where to file your petition for expungement will depend on the type of offense committed.
The ICHAT background you completed through the Michigan State Police website should contain the conviction and the court. Once at the ICHAT section of the MSP website, enter all requested information and pay the small fee with a credit or debit card. Once that is done, you can print or save the record for future use. This step is crucial because you need to file the paperwork in the correct court because the judge, or their replacement, that sentenced you must hear your motion for expungement.
3. Complete and file the expungement application.
After determining where to file your petition for expungement, you must file it in the correct court. You can find the expungement applications in the “Applications & Checklists” section on the State of Michigan expungement website.
The following records are required:
- application
- certified copy of the judgment of sentence
- probation order
- register of actions/docket entries
- fingerprints must be obtained; you must go to a Michigan police station to be printed on a Michigan Applicant Fingerprint card (RI-008).
Once the materials listed above have been properly obtained and completed, the applicant must submit the application form, the fingerprint card (RI-008), the certified copy of the judgment of sentence, probation order, register of actions or docket entries, and the $30.00 processing fee in the form of a check or money order made payable to the State of Michigan.
You must mail the information to the following address:
Michigan State Police
CJIC
P.O. Box 30266
Lansing, Michigan 48909-7766
It takes approximately three to five weeks to get the record check back from the Michigan State Police. You must also send a copy of the records to the Michigan Attorney General’s Office. It will take the AG three months to determine if you’re are eligible for an expungement after they receive the records from the MSP.
4. Gather your own records to support the expungement.
Even if you satisfy all the requirements to expunge a Michigan criminal conviction, you will still have to go before a judge. A judge has the final decision whether the court will expunge your conviction from the public criminal history.
To convince the judge that they should grant your expungement, your motion must include specific information about why you believe you deserve it and must be supported by evidence that shows the changes you made in your life.
When you are trying to get your Michigan expungement, it is important that you show the judge the positive changes you have made in your life. This can include things like getting a job, improving your relationships with loved ones, or finishing school. Whatever steps you have taken to turn your life around will help make a strong case for why the judge should grant you an expungement.
At first, this may seem like a daunting task. After everything you have been through and all the mistakes you have made, it’s hard to believe that anything positive has come out of those experiences. However, reflecting on those experiences can actually help remind you of all the lessons you learned from them and how they helped shape who you are today.
There are many ways that you can show the judge how much you have changed your life for the better. One way is to keep a journal that details all the positive changes you have made since getting into trouble with the law. This can include things like promotions at work, learning new skills, education, or volunteering in your community.
Another great way to show the judge just how much you have improved your life is by writing a personal statement about why an expungement would be so beneficial to you right now and what it will allow you to do in the future. This statement should focus on what led up to your conviction and how this has affected your life until now, as well as what positive changes you have made since then to turn things around.
Whatever steps you take to show the positive changes you’ve made in your life, make sure that they are genuine and authentic. This will help show the judge that you are truly committed to changing your life for the better and can give them confidence that granting your expungement is the right decision. By completing the expungement process correctly, you can start living a new chapter of your life with a clean slate.
5. File the motion and paperwork with the appropriate court.
Once you have filed the motion, the court will review your expungement request and determine whether it is warranted. The court will require you and the prosecutor to appear. At the hearing, the court will listen to both sides and make a decision. If the court grants your expungment, you will have to file the order with the court. for entry.
If you made any mistake completing the paperwork or the court denies your motion for expungement, you will have to wait three years to try again.
6. You should hire an experienced criminal defense attorney to help expunge your conviction.
As you can see, several steps are required to expunge your Michigan criminal conviction. To assist with this process, consider consulting with an attorney who can help you navigate the expungement process and ensure that it is done correctly.
Frequently, people want to expunge a Michigan criminal conviction if they are looking for employment or a professional license. Many employers and professional licensing boards will disqualify a candidate for a felony or misdemeanor conviction.
If a person can expunge a Michigan criminal conviction, the record becomes nonpublic. This means that most employers cannot see it during a criminal background check. However, the Michigan State Police will still keep a nonpublic record of a conviction that is expunged. For example, some employers, such as police departments, will still be able to see the conviction.
specific ways an attorney will help with your expungement:
An experienced criminal defense attorney is an invaluable asset to have by your side during this important process. Most people wouldn’t cut their own hair, so why would they do legal work on their own? An attorney will save you time, prevent errors, persuasively argue on your behalf at court, and navigate the process for you.
An experienced criminal defense attorney can increase the probability that you can successfully expunge a Michigan criminal conviction. Our office, for example, assists with completing the documentation. Our office files a motion and brief on behalf of the applicant with the expungement form. This serves essential functions. Our brief allows the judge to learn much more about you before arrival at court. The legal brief thoroughly explains:
- why you are seeking to expunge your criminal conviction
- why the expungement should be granted
- what you have achieved since the conviction
- explain positive aspects of the your life
Our team of attorneys will also prepare you to address by explaining how you should explain yourself and answer the court’s questions. A well-prepared client is often a very successful client. So our office places a great deal of emphasis on preparation in every facet of a legal case, especially as one as important as an expungement.
Czarnecki & Taylor can help you expunge a criminal conviction.
As experienced criminal defenses attorney, we understand the importance of having a clean criminal record. For this reason, we are dedicated to helping you resolve your Michigan expungement quickly and effectively. One quality that sets Czarnecki & Taylor apart from other firms is our ability to handle complex cases that require specialized knowledge and experience. Our firm’s impressive track record for success and aggressive Michigan criminal defense is unparalleled for achieving exceptional results. Czarnecki & Taylor has a well-earned reputation among judges, courts, city attorneys, prosecutors, police, and other defense attorneys for defending our clients. Our years of experience working with individuals charged with various crimes means that we have extensive knowledge in navigating the complexities of expungement-related legal procedures.
Our office would be happy to answer any of your questions. We can and will help you expunge a Michigan criminal conviction. We have successfully helped many people erase convictions from their records. They could move on with their life and gain promotions or new employment. The ability to successfully expunge a Michigan criminal conviction is a life-changing event for most people. It is a chance to start over.
If you would like to discuss your ability to expunge a Michigan criminal conviction, please contact our office. We would be more than happy to assist you in achieving a fresh start.
Czarnecki & Taylor PLLC’s experienced attorneys will handle your case with care and help you through every step of the process. For a free consultation, call us today at (586) 718-2345 or online for a prompt response. We are available 24/7 and have weekend and evening appointments.