Am I Eligible to Expunge My Michigan Conviction?
By Daniel T. Geherin
In April, Michigan’s new Clean Slate laws took effect, which expanded the number and type of offenses that can be expunged. This means under certain circumstances, an individual may have prior convictions “expunged” or “set aside,” so these records aren’t accessible by the public.
Under these laws, multiple offenses that occurred within the same transaction can now be consolidated as a single offense for expungement, an individual can have 3 felonies and an unlimited number of non-assaultive misdemeanors expunged. An individual may also apply if they have outstanding restitution.
These laws also change the waiting periods to set aside a conviction. If an individual is setting aside more than one felony, the waiting period is now seven years after sentencing, completion of a term of probation, discharge from parole, or completion of any term of imprisonment. The waiting period to set aside one felony or one or more serious misdemeanors is five years after your conviction. For minor misdemeanors, the waiting period is three years.
This set of laws is being phased in over time. Within a couple years, certain convictions will be automatically expunged without an individual needing to apply for expungement. However, several counties have taken initiative to help individuals apply to have prior convictions expunged.
Less than two months after these laws have taken effect, Genesee County held an “expungement fair,” where almost 1,000 residents were assisted with their expungement process, and Oakland County created a program to offer free legal assistance for individuals applying for expungement. In East Lansing, a district court even held an online clinic with attorneys, who discussed expungement with qualifying individuals. These events clearly demonstrate the massive interest people have in expunging their criminal records.
If you have questions about the expungement process or are wondering if you’re eligible to apply for expungement, please consult the following flow chart for guidance, or contact the Geherin Law Group for more information:
Dan Geherin, owner of Geherin Law Group, and criminal defense attorney in Ann Arbor has defended thousands of criminal cases in Ann Arbor and throughout Southeastern Michigan. Dan is a former prosecutor and board-certified criminal trial attorney who has been practicing law over 25+ years. He’s prosecuted/defended/litigated nearly every type of criminal case, including criminal sexual conduct offenses, homicide cases, narcotic violations, domestic violence charges, embezzlement and fraud investigations, theft offenses, personal injury, and countless drunk driving allegations. Dan has helped 3,000 clients in criminal, civil, juvenile and license cases throughout Michigan, and he has completed over 200 trials.
If you or a loved one has been convicted of a crime in Washtenaw County or Southeastern Michigan, and you want to discuss options on how to expunge your conviction, please call or email Dan and his team at GLG Michigan 24/7 at (734) 263-2780 or online info@GLGMichigan.com .
To us, your future is Personal.