Expungement Assistance: How to Clean My Record Up
Many Metro Detroit residents that have been convicted of a crime, served their sentence, and are looking to move on, find it extremely difficult to do so. A conviction on your record can haunt you for the rest of your life and make living that life to the fullest difficult. Everything from purchasing a home, acquiring a job, and keeping full or partial custody of your children can be a challenge with a conviction on your record. Thankfully, the state of Michigan offers record expungement options for those who wish to wipe the slate clean.
At the Law Offices of Raymond Cassar, we help our clients build and argue their case for record expungement. Whether you have a felony conviction or a few misdemeanors on your record, our attorneys can assist you in starting fresh and moving forward.
What is Record Expungement?
Criminal record expungement (also known as a set-aside) is the process of building a case for the removal of a conviction from your criminal history. Michigan law permits anyone with no more than one felony or two misdemeanor convictions to petition a court to remove their conviction.
When a criminal offense is expunged it is no longer accessible to the public, but law enforcement agencies will still be able to view them. Though most offenses have the potential to be set-aside, there are those that do not qualify, such as murder, criminal sexual conduct, or traffic offenses.
The Clean Slate Act
In 2021, Michigan enacted the Clean Slate Act, dictating the types and numbers of offenses that can be expunged from your record. This new law expands upon the eligibility requirements for an expungement and creates a new process that will automatically seal certain non-violent conviction crimes (under stipulations).
For misdemeanors, if you have been conviction-free for seven years you’re able to appeal for an expungement. With a felony conviction, you must be conviction-free for ten years.
Expungement Advantages
We understand the disadvantages you can face when you have to check “yes” on a job or housing application asking if you’ve been convicted of a crime. With record expungement, those fears and rejections can quickly become a thing of the past. When you choose to file for a criminal record set-aside, you’ll find numerous advantages, including:
- Better job opportunities
- More educational options
- Eliminate the criminal stigma
- Additional housing options
- Lower insurance premiums
The Record Expungement Process
In order to expunge your record of previous offenses, there are a few steps you must take—waiting being number one. Your expungement can take anywhere from eight months to a year to come into full effect, and oftentimes will require a lawyer to represent you. You and your lawyer will sit down to review your case and discuss why you wish to set your conviction aside. You’ll then fill out the expungement applications and send them to the Michigan State Police (MSP) for processing.
Reviewing your expungement can take up to two months to process and then an additional three months for the Department of Attorney General to respond. After all parties have completed approvals, an expungement hearing will be scheduled where you can plead your case. You’ll be required to prove to the judge that you have made positive steps to change and better your life—expungements are a privilege, not a right—and a ruling will occur once all the facts have been presented.
The Attorneys Who Can Help You Move On
The process of expungement can be daunting and tedious, but worth all the trouble. Because there are specific rules and regulations that apply to each type of conviction (waiting periods, numbers of convictions you can expunge, etc.) it’s crucial for you to employ an attorney that has your best interest at heart. With the professionals at the Law Offices of Raymond Cassar, we take the time to build the best case and protect your rights.
Michigan’s Top Criminal Defense Attorneys
Time is essential when facing any criminal charge and the law attorneys at the Law Offices of Raymond Cassar are here to help you with that time. We have highly reputable and experienced criminal attorneys working in our office, serving the Farmington Hills and Metro Detroit area. We’ll fight for you just as we would our own family. To take action today and rid yourself of previous mistakes, contact our professionals.