Expungement Attorney in Ann Arbor, MI

A criminal record can follow you for years, affecting your job prospects, housing options, professional licenses, and personal relationships. If you have a past conviction and have already served your time, you may have legal options to move forward. Criminal defense attorney Dan Geherin of Geherin Law Group, PLLC helps people in Ann Arbor and throughout Washtenaw County pursue expungement of their criminal records.

Clean state fresh start

What Is an Expungement?

An expungement is also called “setting aside” a conviction. It is a legal process that removes a criminal conviction from your public record. Once a conviction is expunged, it no longer appears in standard background checks, and Michigan law allows you to legally state that you were never convicted of that offense.

Expungement does not erase the record entirely. Law enforcement agencies retain access to a private record of the conviction. Expungement also does not restore certain rights or automatically reverse other consequences that may have resulted from your conviction. However, for most people, the practical benefits of clearing a public criminal record are significant.

In 2020, Michigan passed a series of “Clean Slate” reforms that significantly expanded who qualifies for expungement and, in many cases, shortened the waiting periods required before applying. Some convictions now qualify for automatic expungement without a hearing.

Under current Michigan law, the following general guidelines apply:

  • A person may seek to set aside an unlimited number of eligible misdemeanor convictions.
  • A person may seek to set aside up to three eligible felony convictions.
  • No more than two convictions classified as “assaultive crimes” may be set aside in a lifetime.
  • For non-serious misdemeanor convictions, you must wait at least three years after sentencing, incarceration, or discharge from probation.
  • For one felony conviction or one or more serious misdemeanor convictions, you must wait at least five years after sentencing, incarceration, or discharge from probation or parole.
  • For more than one felony conviction, you must wait at least seven years after sentencing, incarceration, or discharge from probation or parole.

Certain convictions are not eligible for expungement under any circumstances. These include certain traffic offenses, operating while intoxicated (OWI), except for some first-time offenses, offenses punishable by life in prison, and most criminal sexual conduct convictions.

How Expungement Can Change Your Life

Clearing your record opens doors that a conviction tends to close. With the help of a skilled expungement lawyer, people who successfully expunge their convictions often find it easier to secure employment, qualify for housing, pursue higher education, and obtain professional licenses. In many cases, the removal of a conviction from public view also reduces the personal and social stigma that can come with a criminal record.

That said, expungement has limits. It does not apply to all convictions, does not guarantee any specific outcome in future legal matters, and does not affect federal records or certain licensing boards that retain access to sealed records.

The Expungement Process in Michigan

The expungement process involves several steps and typically takes a few months from start to finish. Here is a general overview of how it works:

  1. Fingerprinting. If you are eligible to apply, you must submit an updated fingerprint sample to the Michigan State Police. The State Police will then run a current CCH record and forward it to the Attorney General’s Office.
  2. Attorney General Review. The AG’s Office typically files a written response indicating whether it believes you are eligible for expungement.
  3. Hearing Request. If eligible, you must file a request for a hearing in the court where the original conviction occurred.
  4. The Hearing. Four to six weeks later, a judge will schedule a Motion to Set Aside Conviction hearing. At the hearing, you may be asked questions about your background, your performance on probation or parole, and your conduct since the conviction. The prosecutor will also present their position, and in some cases, a victim may provide a statement. If you live far from the court, many judges allow the hearing to be conducted remotely via Zoom.
  5. The Order. If the judge grants the motion, a written order is signed and sent to the Michigan State Police and the FBI for processing. Public records are removed, though a private record accessible only to law enforcement is retained. This typically takes two to three weeks after the hearing.

Why Work with a Defense Attorney on Your Expungement

Expungement petitions are not automatically approved. A judge has discretion in deciding whether to grant relief, and the prosecutor’s office will often weigh in with their own position. Having an experienced lawyer in your corner can make a meaningful difference in how your petition is received and argued.

Our law firm is led Attorney Dan Geherin is a board-certified criminal defense attorney and former prosecutor with more than 25 years of experience in Michigan criminal law. His background on both sides of the courtroom gives him a clear understanding of how prosecutors and judges evaluate expungement petitions, and how to present your case in the strongest possible way.

Dan believes that people who have served their time deserve a real opportunity to move forward. As an experienced Ann Arbor expungement lawyer, he works directly with clients throughout Ann Arbor and Southeastern Michigan to assess eligibility, prepare the required filings, and advocate at the hearing for the outcome they deserve.

Talk to an Ann Arbor Expungement Attorney Today

If you have a conviction in Washtenaw County or anywhere in Southeastern Michigan and want to explore your expungement options, contact Dan Geherin and the team at our Ann Arbor law firm Geherin Law Group, PLLC, team.

Are you eligible for expungement? Click below to see the PDF.