Criminal History Expungement Eligibility
Clear Your Name: Remove Your Criminal Record & Move Forward
A mistake that results in a criminal conviction can follow you for years—even the rest of your life. But it doesn’t have to: it is possible remove felony convictions from your record through a process called expungement.
The expungement (set aside conviction) laws in Michigan have undergone some significant positive changes in the past few years, as the law was amended in 2011 and 2015, and most recently in April 2021 with the passage of the new ‘Clean Slate’ legislation. In short, when a conviction is expunged / set aside, it is sealed and will remain nonpublic from that point forward. Its greatest real-world benefit is that it allows the person who receives the expungement to legally say of that crime, “I have not been convicted of or charged with the crime” on employment applications, housing applications, and the like. It provides, in essence, a blank slate for the individual.
Under the Clean Slate legislation enacted in April 2021, expungement possibilities have been opened up to individuals with not more than three felonies and unlimited misdemeanor convictions on their records
How Expungement Works in Michigan
If you have…
1. no more than 3 felony convictions and an unlimited number of misdemeanors
2. no pending court cases
You can…
1. Petition the court to expunge all the felony charges.
2. Petition the court to expunge all of the misdemeanor charges.
By removing convictions from your record, you can legally tell employers and landlords that you’ve never been convicted of a crime. That alone makes expungement worth pursuing.
Convictions that Cannot be Expunged
Whether or not you can take a conviction off your record depends on the nature of the crime itself. There are some exceptions to obtaining an expungement. Any felony for which the maximum punishment was life imprisonment or an attempt to commit a felony for which the maximum was life imprisonment is not eligible for expungement. Additionally, individuals who have been convicted of more than two assaultive crimes (misdemeanors or felonies), or who have been convicted of a traffic offense that resulted in injury or death are not eligible to seek an expungement.
Examples of crimes that cannot be expunged include:
- Murder
- Human Trafficking
- Terrorism
- Armed robbery
- Criminal sexual conduct
- Child Abuse
- Drunk or Drugged driving
Get Help with Expungement from Hills at Law Attorneys
At Hills at Law, P.C., our experienced criminal defense lawyers have helped many people clear their names and put past convictions behind them. We will help you understand whether or not you are eligible for expungement, and if you are, we will guide you through the process every step of the way.
“I Want to Remove My Criminal Record!” Call Hills at Law for A Consultation
The first step toward a better life is to contact an attorney for a free consultation. Our office is conveniently located in the heart of Kalamazoo, near Western Michigan University and Kalamazoo College. To speak with an experienced lawyer about clearing your name, contact us at 269.373.5430.