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Frequently Asked Questions (FAQs)

Can I get my felony conviction expunged?

A new expungement law has come to Michigan. MCL 780.621 has both been amended effective January 14, 2015.  In general, the new law allows individuals with two misdemeanors to expunge both or those with two misdemeanors and a felony to expunge the felony.

The old limitation where an individual could only expunge an offense if they were not convicted of two “minor offenses” is for the most part gone.

One of the only changes that make it more difficult for certain individuals to set aside the conviction relates to probation.  Under the former version of the statute, an individual could petition the court five years after the imposition of probation and as long as they finished probation first.  Now, an individual has to wait five years after the end of probation.

Having a conviction set aside in Michigan is still a privilege and not a right. As with the former formulation of the statute, you’ll have to argue to the Court to have the conviction set aside.  Handling an expungement matter on your own can be dangerous.  You could end up harming your case.

Nothing in this post should be construed as legal advice.  Contact Mary Beth Kur PLLC before taking any action.  The information contained in this post may become inaccurate with time.

The police have contacted me and want to talk to me. Should I talk to them?
NO, you should not talk to the police without an attorney present EVEN IF YOU HAVE DONE NOTHING WRONG. There is a reason they say, “Anything you say can and will be used against you in a Court of law.” Please do not speak to the police before talking with us first.

What are your fees? 
For criminal cases, I charge a flat fee that includes all expenses and other fees. The amount of the flat fee is dependent on the complexity of your case and I will let you know the final price once I meet with you and gather the relevant facts and information about the case. In divorce cases I charge $200.00 per hour and I require a minimum fee to be paid up front. In personal injury matters, my fee is one third of whatever you recover after the costs of litigation are paid.

Do you do free initial consultations? 
Yes. Any background information you can share with my assistant Kathy before your appointment is very helpful to us. Also, anything you share with us during your consultation is absolutely confidential and will not be shared with others.

Do you take credit cards? 
Yes we do.

How can I finance my legal fees? 
Through preferred partnerships, we can assist in helping you obtain quick financial support. You will find our partners to be able to meet your needs in far less time than it would take you through traditional lending channels (e.g., your bank, credit union or mortgage lender) ? no matter how complex the loan situation is.

There are a variety of loans that should be considered. Below is a summary of the most popular (and simple to obtain) options that will familiarize you with financial terminology and the inherent benefits that each loan type offers. Please note that each loan is viewed independently, taking into consideration special circumstances such as equity, your income level, FICO score, etc. These factors help determine the interest rate, applicable fees and terms of the loan.

Typical Real Property Loan Options:

Home Equity-Home equity lines may be one useful source of credit. Initially at least, they can provide you with large amounts of cash at relatively low interest rates. They may also provide you with certain tax advantages unavailable with other kinds of loans.

Re-Finance-Refinancing a property while interest rates are low (as they are now) enables you to obtain cash for discretionary spending. At the lower interest rate, your loan plus any cash you receive may carry an even lower monthly payment than what you currently have.

Line of Credit-by using the equity in your home, you may qualify for a sizable amount of credit, available for use when and how you please, at a low interest rate. Furthermore, you may be allowed to deduct the interest because the debt is secured by your home.

To discuss your case, or financing your legal representation by Mary Beth Kur, PLLC in more detail, call us any time, 24 hours, 7 days a week at 231-348-3200 or toll free at1-877-RING-MBK.

Will you schedule weekend and evening appointments? 
Yes, on a case by case basis. We do our very best to accomodate the client’s scheduling needs.

In what counties do you practice? 
Our firm services all of Northern Michigan, including the Upper Peninsula.

What should I bring with me to my first appointment? 
Bring everything you have the pertains to your case. If it is a large amount of material, you may want to drop it off before your appointment so that Ms. Kur can review it ahead of time. In criminal cases, it is very helpful for you to bring your police report. Police reports may be obtained by making a Freedom of Information Act request.

How do I make a Freedom of Information Act request? 
Specific language for these types of requests can be found on our FORMS page. Or, you may click on the link in the preceeding sentence.

Can I reach you after hours? 
Yes, our phones are answered 24 hours a day, 7 days a week and in the event of an emergency, we can be reached