In 2021, Michigan law dramatically changed the expungement process of criminal records. These changes are great news for anyone who has been convicted of a crime and is ready to move beyond that point in their life. Expungement is a life-changing opportunity that could improve your chances of finding better-paying jobs or adequate housing.
While this new law is an important opportunity, not every request for expungement will be considered. That is why it is vital to have the help of a well-practiced criminal defense attorney. Call today, and let a Marquette expungement lawyer help clear your name.
Expungement is the term used for sealing a criminal record so that the public cannot access it. While this process does not entirely erase a person’s criminal history, it can profoundly impact their life moving forward.
If the general public seeks records related to a criminal conviction that has been expunged, those records will not be available to them. This, in turn, allows a person to answer truthfully on job applications or in other official documents that they were never arrested or convicted of a crime.
It is important to understand that there are parties that could still access these records. Law enforcement and the department of corrections will still be able to see descriptions of arrests and convictions even following expungement. A Marquette attorney could further explain how expungement could impact a person’s life.
There are many determining factors when it comes to expungement eligibility. As a baseline, a person must convince the courts that they deserve an opportunity to clear their criminal record. When asking the court to have their record expunged, an individual’s conduct will be reviewed from the point of their conviction until the day the petition is filed. A judge serving on the court that issued the original conviction must conclude, based on these findings, that expungement is appropriate.
The law permits individuals to seek expungement for multiple offenses. This is the case for misdemeanors in addition to some felonies. There is no limit on the number of misdemeanors a person may seek to remove from their record. It is also possible to expunge up to three felony charges as well.
There are, however, some exceptions related to specific offenses that will prevent a person from succeeding in their request. For example, an applicant cannot have more than two convictions involving assault-related misdemeanors expunged. The law also prohibits the expungement of felony robbery, perjury, and arson.
The amount of time a person must wait to have their record cleared will also vary. Anyone seeking to expunge two felony convictions must wait at least seven years after the conviction to do so. For misdemeanors, that window of time is only three years. A Marquette expungement attorney could provide more insight into these specifics, and all of the ways restrictions have been loosened.
Having your criminal records sealed can be a life-changing event for you. Putting past mistakes behind you could result in more opportunities for employment and better places to live, as well as an improvement in your reputation and sense of self-worth.
With an expungement, you could be awarded a second chance. A Marquette expungement lawyer could assist you with this complicated process. Speak with someone on the team at Berger Law right away to learn more.
