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Clarkston Expungement Lawyer
State law permits the expungement or removal of some felony and misdemeanor convictions from your record after a specific amount of time has passed. Expungement of a criminal conviction may be helpful when you are looking for a job, seeking a career change, or even looking for housing. A Clarkston expungement lawyer can assist you in exploring this option if you are eligible.
Through the expungement process, you might be able to remove some of the barriers you have to obtain better employment and improve your financial circumstances. A seasoned criminal defense lawyer will have the skill and knowledge that you need in expunging eligible criminal convictions from your record.Expungement of Felony and Misdemeanor Convictions in Clarkston
According to Michigan Compiled Laws §780.621, permitted individuals may expunge two previous misdemeanor convictions if they do not have a felony conviction. They can also expunge one non-violent felony conviction if they have no more than three total convictions.
One conviction can be for a non-violent felony, but the other two convictions must be for misdemeanor offenses. However, if you have multiple prior felony convictions, your convictions are likely ineligible for expungement.
Juvenile and adult convictions are different when it comes to expungement. You can expunge up to three juvenile prior convictions, but you still cannot expunge felony convictions.Criminal Convictions Ineligible for Expungement
Some criminal convictions are ineligible for expungement. These convictions include:
- Sex crimes or attempted sex crimes
- Crimes punishable by life in prison (even if that was not the sentence received for the conviction)
- Traffic-related misdemeanor offenses
- Violent felonies
Other ineligible convictions include those involving severe child abuse, drunk driving, and terrorism-related activities. Additionally, you cannot expunge a felony domestic violence conviction if you have a prior domestic violence conviction.
If you are seeking expungement for eligible convictions, you must first complete a five-year waiting period. This period begins after their conviction or their release from prison, jail, probation, or parole, whichever is later. Individuals who have questions about their eligibility may want to contact a Clarkston expungement attorney for guidance.Expungement Procedures
To apply for expungement, you must submit a list of all charges filed that were dismissed and any pending charges. You must also submit a set of fingerprints with the completed application.
Furthermore, you must give notice of the application to the attorney general and the office of the attorney who prosecuted their conviction. In some cases, the prosecuting attorney must give notice of the application for expungement to any victims of the crime.Legal Standards for Expungement
A court may set aside or expunge a conviction if individuals meet the following conditions:
- The circumstances and behavior of the applicants since the date of the conviction warrant expungement
- The expungement is consistent with the public welfare
If a court denies your request for expungement, you cannot file another petition for three years. As a result, it may be highly beneficial to seek the advice of an expungement lawyer in Clarkston during or prior to your first filing.Talk to a Clarkston Expungement Attorney Today
Expungement of your criminal convictions can have positive effects on various aspects of your life. A Clarkston expungement lawyer may be able to explain the potential implications of a successful expungement petition.
If you are successful in removing your criminal convictions from your record, you may be more successful in finding jobs, housing, and volunteer opportunities. Expungement can give you a chance to rebuild your life after making a mistake—call today to start on your case and learn what excellence in criminal defense could do for you.