Expunging a Criminal Offense

A person convicted of a crime can ask to have the conviction expunged or 'set aside' from their criminal record. There are many reasons for wanting to do this: it can help you get a better job, receive grant money for school, and get admitted to college. 

Although prospective employers are supposedly only allowed to ask whether or not you have been convicted of a felony (an offense punishable by a year or more), they can ask (and often do) that applicants provide them with a criminal background history which shows all criminal convictions, including misdemeanors.

Lately, even apartment complexes are checking the criminal histories of applicants, and may refuse to rent to those who have an assault and battery or a domestic violence conviction.

The Internet has made vast amounts of information available with a few clicks of a button. The State of Michigan now has a website where you can request a criminal record for about $10 dollars: Michigan Criminal History Access (ICHAT). So, removing an indiscretion from many years back may be a good idea.

Compared to many other states, Michigan is very stingy when it comes to expunging criminal convictions. You can set aside only one conviction under very limited circumstances. Generally, if you have two or more criminal convictions, you cannot expunge any of them -- ever. In addition, certain crimes cannot be expunged:

  • a felony with a maximum possible sentence of life in prison.

  • most criminal sexual conduct (CSC) crimes.

  • all traffic offenses and even non-traffic offenses reported to the Secretary of State and placed on your driving history, such as a    minor in possession (MIP) conviction.  (Note: Some courts will set aside a MIP conviction; the law is not settled on this issue.)

To be eligible to expunge a criminal conviction in Michigan you must meet some strict criteria:

  • First, you can only have one adult criminal conviction or one juvenile adjudication. If you have more than one misdemeanor conviction, you can not have any conviction set aside. For example, if you were convicted of driving on a suspended license (DWLS) and possession of marijuana and you pled guilty or were found guilty of both crimes, you are not eligible to expunge either one, even if they happened on the same day. 

  • Second, five years must have passed from the date you were sentenced. If you were sentenced to prison or jail, then five years must have passed from the date of your release.  If you had a formal juvenile adjudication you must wait until five years have passed and you must be 24 years old.

In summary, if you were convicted of only one criminal offense and you meet the criteria listed above, you can petition the court where you were sentenced to set aside the conviction. It is important to know that expunging a criminal offense is not a right but is rather a privilege. The court can grant or deny your request. The judge will look at many factors, including the crime itself, what you have done with your life since the conviction, and similar criteria. It is helpful to give the court notarized letters from friends or colleagues that support your petition and show that you are now living a crime-free life.

Attorney Bruce Alan Block has experience in successfully helping individuals expunge a crime from their criminal record. If you are interested in expunging a conviction or need additional information please contact our West Michigan Expungement Lawyer. Call (616) 458-8585

Located on the corner of Cascade Rd. and Kenmoor Ave., just east of Interstate I-96, six miles from the Kent County Courthouse.

Bruce Alan Block, PLC represents clients in Grand Rapids, Michigan, and West Michigan communities of Ada, East Grand Rapids, Kentwood, Cascade, Wyoming, Byron Center, Wyoming, Caledonia, Cascade, Rockford, Holland, Grand Haven, Grandville, Kent County, Ottawa County, Muskegon County, Barry County, Ionia County, Newaygo, Montcalm, and Allegan County.

We represent students from Calvin College, Aquinas, Grand Valley State, Cornerstone, Grand Rapids Community College, and Michigan State University.

    
  

Bruce Alan Block, PLC

Attorney and Counselor at Law
4251 Cascade Road SE, Grand Rapids, MI 49546
Phone: (616) 458-8585
Fax: (616) 454-0849
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