New Expungment Laws–Clear Your Record!

In January 2015, Michigan enactedClear your record, get a fresh start! a new expungment statute that allows for less strict requirements for an offender to qualify for an expungment.  What does that mean for you? It means more people will likely be eligible to clear their record!!

Under the prior Michigan expungment laws, an offender would likely only qualify for an expungment only if they had one major conviction on their record, including convictions that were previously dismissed under some deferral programs.

Now, under the new law, a person can petition to set aside one felony conviction if he or she has been convicted of not more than one felony and not more than two misdemeanors. In addition, a person can petition to set aside one or two misdemeanors if he or she has been convicted of not more than two misdemeanors and no felonies.

The following convictions can never be expunged:

  • A felony or attempt to commit a felony for which the maximum punishment is life imprisonment
  • Child abuse in the second degree
  • Production or possession of child pornography
  • Second degree criminal sexual conduct
  • Third degree criminal sexual conduct
  • Assault with the intent to commit criminal sexual conduct
  • Fourth degree criminal sexual conduct conviction after January 12, 2015
  • A traffic offense, including operating a vehicle while intoxicated
  • Felony conviction for domestic violence, if the person has a previous misdemeanor for domestic violence
  • Human trafficking offenses
  • Terrorism offense

A person may apply for an expungment five (5) years after imposition of the sentence, completion of probation, discharge from parole or completion of imprisonment, whichever is longer.

If you are ready to clean up your record, contact Bommarito Law today for a free eligibility screening!

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