Criminal Record Expungement
Williams Law Firm specializes in Michigan
Expungement Law. We represent clients in ALL
Michigan courts. We are Michigan's premier Criminal
record Expungement attorneys. Our services include
Seal and shredding of arrest records, expungement of misdemeanor
and felony convictions, Certificate of
Rehabilitation (abstract of court actions via motion and order to set aside 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 no conviction of any crime!
Quick
links:
Expungement: How to
Clear Your Criminal Record
Expungement is a legal means of having
convictions cleared or "set aside" from your
criminal record. It is an important means of
protecting your future, especially when it comes to
seeking employment or educational opportunities
including scholarships.
If you were convicted of a crime or accepted a
plea agreement, a reputable and skilled criminal
defense lawyer may be able to secure the expungement
of the charge from your criminal record. Expungement
can make a world of difference to you in the future.
Our experienced attorneys will explain what your
options are and what we can do to help you.
We Offer
Student and Military Discounts
FREE
CONSULTATION • Call 517-337-8100
Expungement may be sought in Michigan for any
crime except:
-
A conviction for a
crime punishable by the possibility of life imprisonment
-
A violation of
criminal sexual conduct*
-
Drunk driving
-
Conviction for more
than one offense*
Five years must pass after sentencing before a
conviction can be set aside by expungement for
someone who was not imprisoned as a consequence of
his or her conviction. Someone who is jailed or imprisoned
must wait until five years after his or her release
from prison to apply for expungement. Certain local court policies guideline waiting five years following the successful termination of probation or parole. One must return to the jurisdiction and venue of the sentencing court to obtain the expungement.
Michigan Criminal Records
Expungement
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. However this is seemingly in the process of change. There now is pending a House Bill which greatly expands the parameters of the existing law to allow, in its present language, two misdemeanors or one felony convictions, all traffic offenses (such as vehicular homicide, reckless driving, fleeing and alluding, etc.) except Section 625 alcohol driving offenses, and it appears even criminal sexual conduct 4th degree. 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, and in some courts five years from the successful completion of parole or probation, whichever occurs later. The five years begins from the entry of the conviction by the court and the reception of the same by the Dept. of Corrections, to wit: when it goes on your Compiled Criminal History (CCH) lien. Upon a
petition to the court, to "set aside your conviction" the court will weigh your
"circumstances and behavior" against the impact to 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 First Degree Criminal Sexual Conduct, 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.
Drunk driving convictions of any type.. misdemeanor or felony.. may not be expunged at this time. Again, a person with more than one conviction
including all felonies and misdemeanors is not
eligible for expungement, but again, there is pending legislation which may allow for two misdemeanors. At the present time traffic lien misdemeanors which appear on the Secretary of State (SOS) lien can not be expunged, such as reckless driving, neg. homicide, vehicle homicide, flee and alluding under the driving code, etc. can not be expunged but this too is presently under consideration for relief.
This web site will be amended as soon as legislation is passed. The Williams Law Firm receives daily updates from the Michigan Legislative Services e-mail updates on the passage and status of all pending bills.
The lengthy application process involves the
gathering and drafting of specific documentation and
court records along with having the police take fingerprints which are forwarded along with the petition to the State Police Lookup Division in Ypsilani for their review (to see if you have ever used this one-time opportunity before). An application will be considered
invalid unless it contains all of the information
required by statute. It is important to have
attorneys represent you that understand the process
of expungement and can work quickly and efficiently
to obtain all of the necessary documentation. 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 but maintains a record by the State Police that you have used your one time opportunity to clear your criminal record.
A special word about those one time convictions of "quasi-sex crimes," such as "accosting a minor," CSC 4th (high court misdemeanor), etc., and all of the sex based statutes that are not prohibited to be expunged. These statutes, at the present time, EVEN THOUGH YOU HAVE EXPUNGED THEM AND THEY ARE NO LONGER ON YOUR RECORD, may none the less STILL require you to register annually or every six months, and be on the State Police internet site for sex offenders for the balance of your original term. This is required by separate statute. see MCL 28.722, Sec 2 (a)(i)
******************************************
How much does it cost
to expunge a Michigan Criminal Record?
Our office charges $1,750. plus clerk/court costs of between
$150 and $125 (depending on which Michigan county your case is in and which court (District or Circuit).
Cases outside of
Ingham, Clinton, Eaton or Shiawassee Counties may require additional
travel and disbursement fees and therefore the cost may
be slightly higher.
HOW DO I GET STARTED?
STEP 1 - Determine if you
qualify. These are the basic requirements:
- Have you have never had a record expunged before?
- Have you never have been convicted
(adjudicated guilty) of a misdemeanor, criminal
ordinance violation (this also includes traffic
criminal cases such as OWI (formerly called OUIL, UBAL, DUI), reckless driving, or
driving while license suspended) or a felony?
- Are you currently under court supervision
(probation, parole, community control, or any other
court mandated program)?
- Is your offense one for which you received an abatement of adjudication such as: HYTA, Section 7411 (drugs), Section 769.4 (a) (domestic violence)?
COMPLETION TIME: Please keep in
mind that sealing or expunging a record can take 3-6
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 less time.
Call The Williams Law Firm Today: 517-337-8100.
The Williams Law Firm represents Michigan clients
facing driver
license restoration,
drug crimes, OWI and Impaired Driving crimes, white
collar crimes,
violence crimes,
sex crimes,
criminal
record expungement.
Experienced Michigan restoration lawyers will let
you know of all opportunities and what they can do
for you when it comes to recovering your drivers'
license. We have represented over seventeen hundred restoration cases involving revoked licenses. We have not prevailed in seven cases the first time. Twelve times we have won on appeal to the Circuit Court on the grounds that the denial was based on arbitrary grounds or abuse of the Hearing Officer's discretion.
Our results
speak for themselves. With a
record of success
and a practice philosophy that puts respect and
compassion at the core of our personalized defense
strategies, The Williams Law Firm is your premier
choice for effective, professional criminal defense and legal rehabilitation of your record and driving privileges.
We believe that everyone deserves access to
aggressive and affordable representation.
Call us today to schedule a consultation.
Learn more about our
flexible fees and payment plans.
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