Lansing Law Firm Handling Expungements
Expungement (motion to set aside a conviction) is the course of action that clears your public criminal record. In Michigan, there is one course of action to set aside a conviction on your record. There is a different method to set aside a juvenile conviction; this motion is referred to as an adjudication.
MCL 780.621 (application for order setting aside conviction; misdemeanor convictions) states that an individual who has been convicted of no more than one or two qualifying offenses can file an application with the court for an order setting aside one or more convictions. To expunge a felony, the following must be true: the individual has been convicted of not more than one felony, and no more than two misdemeanor charges may petition the court to set aside the felony offense.
To expunge a misdemeanor, an individual who is charged and convicted of no more than two misdemeanors, with no other felony or misdemeanor charges, may petition the court to set aside one or both misdemeanor convictions.The following must also be true regarding the minor offenses:
The utmost permissible time of imprisonment does not exceed 90 days
The greatest permissible fine is no more than $1,000
The individual who committed the crime is no more than 21 years of age
A list of qualifying offenses is contained within the statute found here. It is a relatively complicated statute, so contact Bahrie Law today if you are unsure if your offense qualifies under the statute. We will be happy to provide you a free evaluation of the statute.