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Oakland County Expungement Lawyer
Expungement, sometimes referred to as expunction, is a court procedure which removes or forever seals a criminal conviction from a person’s record after they have served their sentence. It is an important and useful process as, once completed, it sets aside an individual’s criminal conviction as if it never occurred. In practice, that means a person does not have to list those crimes on applications for employment, housing, or education.
If you are considering having convictions expunged from your record, contact an experienced Oakland County expungement lawyer. A distinguished criminal lawyer can try to help you determine if you are eligible, what types of documentation may be required, and how long the process may take.Expungement for Eligible Convictions
There are specific requirements related to expungement for eligible convictions in Michigan. First and foremost, an individual must meet all of the sentencing requirements associated with the offense, and five years must have passed since completion of those requirements for most offenses. In some cases, a person may also have to complete any probationary time given; however, some judges may shorten or waive that time depending on the circumstances.
An individual’s record may only include two misdemeanor offenses and one felony offense. If there are two misdemeanor charges on their record, either or both can be expunged (if eligible). If there is a felony charge on the record, only that can be expunged. Although these are the core requirements, the expungement statute contains extremely detailed requirements for specific circumstances. An Oakland County expungement attorney can explain how the statute applies to an individual’s particular situation.Expungement Process
The expungement process is fairly straightforward once eligibility is determined. Essentially, it requires completing an application and providing supporting documents to appropriate government agencies. Once complete, a hearing will be scheduled to determine whether a person’s offenses can be expunged.
If an individual’s application is granted, records of their conviction will be coded so that they will no longer show up in background checks and they no longer have to list those offenses on background applications. If the application is denied, individuals and their Oakland County expungement lawyer can still make a new application after a three-year time period has elapsed.Non-Expungable Offenses Under Michigan Law
While many offenses are expungable under Michigan law, the following are not due to their serious nature:
- Human trafficking
- Child abuse in the presence of another child or child abuse in the second degree
- Domestic violence if there is one or more prior domestic violence conviction (including misdemeanors and felonies)
- Traffic offenses (including Driving Under the Influence — DUI)
- Criminal sexual conduct (including rape and statutory rape) which occurred after January 2015
Crimes punishable by life imprisonment are also not expungable, even if a person eventually receives or serves a lesser sentence.Consulting a Lawyer
Having a criminal record expunged can give an individual a new lease on life. They will no longer have to list a criminal offense on applications, as the law simply no longer recognizes it as an offense. If you would like to find out whether you are eligible to have a criminal record expunged, contact an Oakland County expungement lawyer to discuss your situation, determine your eligibility, and get started on removing criminal offenses from your record once and for all.