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Expungement – Are you a candidate?

Do you feel like everywhere you go you are faced with the stigma of having a past criminal conviction?  Do you feel that potential employers have not given you a fair shake after they find out about your conviction?  You may not have even been given the chance to prove you are a changed person. Having a past conviction can really derail you from fully reintegrating into society because of the barriers created by that criminal record popping up. Michigan law has greatly expanded to allow millions of individuals who have paid their debt to society to petition to set-aside their past convictions.  Contact us to talk today about getting an opportunity to have a FRESH START and CLEAN SLATE.

AM I ELIGIBLE?

The easiest way for us to discuss your eligibility for expungement is by email. Your initial consultation is FREE to determine your eligibility and your interest in retaining Mary Beth Kur. Our contact information is:

Contact by email: If you send an email with pertinent information, we will return a call or email with a response and a plan to proceed with your expungement. Please provide the following for an expungement evaluation:

  1. Your contact information
    • Name (first, middle and last name)
    • Prior name or maiden name at the time of your offense(s)
    • Current address
    • Cell phone and email address
  2. Conviction information for every lifetime criminal offense
    • Offense information (felony, misdemeanor, specific name of offense such as retail fraud 3rd degree, assault with a deadly weapon)
    • Date of sentence
    • Date of sentence completion (completion of probation, parole)
    • Place of offense (city and court where conviction occurred)
  3. Dismissed convictions after deferral or under advisement: You must disclose all prior criminal convictions, including convictions that have been dismissed after a deferral period, advisement period or delayed sentence under any provision of law including MCL 771.1, HYTA or MCL 333.7411.
  4. Copies of documents: Please provide copies of documents to expedite the expungement process by scanning documents and attaching to your email. The following documents may prove to be helpful: final dispositions, discharge(s) from probation, court notice with case information and case number, sentence orders.

Getting a Criminal Record

If you are not sure of your criminal history, you can order your criminal record from the Michigan State Police ICHAT website. This is an extremely useful site but it will not contain offenses that are sealed or that have been dismissed. The Michigan State Police website is a public search engine and does not show certain activity which the court and law enforcement agencies are able to access. Therefore, you may need to contact the specific court(s) for information about offenses that do not show up on the Michigan State Police ICHAT website.

Expungement Eligibility

A person can have criminal convictions expunged subject to the following limitations:

  • Up to 3 felonies may be set aside which may include only 1 felony with a maximum penalty of more than 10 years in prison.
  • If you have more than 3 felonies, you are not be eligible to have any of them set aside.
  • Unlimited misdemeanors may be set aside.
  • Maximum of 2 assaultive crimes in a person’s lifetime may be set aside.
  • Only 1 felony for the same offense may be set aside if the maximum penalty for the offense is more than 10 years in prison.
  • One Bad Night Rule: Multiple offenses are considered part of the same transaction if they occurred within 24 hours (does not include assaultive crimes, crimes involving use or possession of dangerous weapon or offenses punishable by 10 years or more.
  • Each offense that has been dismissed under a special provision of law, deferral, MCL 333.7411, HYTA or MCL 771.1 count as a misdemeanor for determining eligibility for expungement.

Expungement Waiting Periods

Ask our expungement attorneys if you have waited long enough and are eligible to file for an expungement. Waiting periods are calculated from the date a person has completed his sentence. Completion of sentence occurs after completion of probation, a term of imprisonment or parole.

  • 7-year rule, more than 1 felony: A waiting period of 7 years since completion of sentence applies to someone that seeks to have more than 1 felony set aside.
  • 5-year rule, 1 felony: A waiting period of 5 years since completion of sentence applies to someone that seeks to have 1 felony set aside.
  • 5-year rule, 1 or more serious misdemeanors: A waiting period of 5 years since completion of sentence applies to someone that seeks to have 1 more 1 serious misdemeanor set aside.
  • 3-year rule, not serious misdemeanors: A waiting period of 3 years since completion of sentence applies to someone that seeks to have 1 or more non-serious misdemeanors set aside. Does not include assaultive crimes.

An applicant that has a pending criminal case or that has been convicted of a crime during the waiting period(s) is NOT eligible for expungement.

The following offenses are not eligible for expungement:

  • Criminal sexual conduct first degree, second degree or third degree, with limited exception for CSC 4th occurring prior to 01/12/2015 as long as there are no other convictions except for 2 minor offenses.
  • Violations of child pornography law (MCL 750.145c)
  • Using a computer to solicit a minor (MCL 750.145d)
  • First or second degree child abuse (MCL 750.136(b)(2)(3)
  • Felony domestic violence with a prior misdemeanor domestic violence
  • Human Trafficking (MCL750.462A-J, 750.543A-Z)
  • Any felony with a maximum penalty of life in prison
  • Terrorism

Eligibility is half the battle; you still need to cross the finish line.

Expungement is the term referring to the process of clearing your public criminal record. This is also known as “setting aside a conviction.” In the State of Michigan, there are separate processes involved in setting aside a conviction for adults and juveniles. Although removing a criminal offense from your record isn’t possible in every circumstance, it’s important to work with an experienced attorney with a track record of success to explore your options.

Mary Beth Kur has over 30 years of criminal court experience. Our law firm has handled many cases resulting in expungements for both adult and juvenile offenders. If you have questions about a criminal charge or criminal record in Michigan, talk to us today – 231-348-3200.

Setting Aside Convictions For Adults

The process of setting aside convictions for adults has several steps. First, you need to file an Application to Set Aside Conviction in the court where you received the conviction. This includes being fingerprinted, sending specific documents with your application, along with a fee to the State of Michigan. Then, specific parties such as the Prosecutor that handled your case, the State Police, etc. must receive be notified of your Application.  All of these steps can be easily handled by our office professionals.

Once applying, you may have to attend a hearing and convince the judge why your conviction should be set aside.

The Michigan Legislature lists more specific details behind this process. As a result, it’s important to seek legal guidance immediately to explore your options regarding expunging a criminal charge.

Mary Beth Kur understands each step of this process and can help you convince the judge to expunge your conviction(s).

Setting Aside Convictions For Juveniles / Minors

Being convicted of a crime as a minor, is known as a juvenile adjudication. Setting aside an adjudication clears your juvenile public record (this may also be known as expungement.) If your adjudication is set aside, you will not have to disclose it to potential employers.

The criminal defense of juveniles is a very specialized area of law that requires specific knowledge and expertise. Mary Beth Kur has helped many adult and juvenile offenders with setting aside their convictions in Michigan.

What happens when a Criminal Record is Expunged?

There are many questions surrounding expunged criminal records. To address some of the confusion on this topic, here are several key points.

– When a criminal charge is expunged, this means that the individual previously convicted of the crime does not have to disclose this offense to potential employers.

– Having an expunged criminal record does not necessarily mean the record is erased completely. For instance, law enforcement agencies will still have access to this information.

– There are only a few instances where an employer has access to an expunged record. For example, jobs in law enforcement, certain government positions, and other public service oriented occupations (such as firefighters, EMS, etc,) can obtain information on an expunged record via background check conducted by a law enforcement.

– In short, when a conviction is successfully set aside (expunged), the offense will not be available to anyone outside of law enforcement.

Our services can be extremely valuable and enable you to have a better life. Contact us today to get started down that path to a better future. Call 877-RING-MBK today.

 

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Office Location
  • Petoskey Office
    455 Bay Street
    Suite B
    Petoskey, Michigan 49770
    Phone: 231-348-3200
    Fax: 231-348-3222