Expunging or Setting Aside Adult Criminal Records in Michigan: Eligibility
Certain types of crimes cannot be expunged, such as:
- Convictions for felonies or attempted felonies which are punishable by life imprisonment
- Convictions for felony criminal sexual conduct in the first, second or third degree (MCL 750.520c, MCL 750.520d, MCL 750.520g ) or assault with intent to commit criminal sexual conduct
- Convictions or adjudications for traffic offenses
- Convictions for non-traffic offenses reportable to the Secretary of State (e.g. controlled substance possession, if listed under the Michigan Vehicle Code)
You would also be disqualified if you have more than one convictionfor any offense, anywhere (i.e., not just in Michigan). Only a single conviction may be set aside.
There are time constraints on applying for expungement based on imprisonment status:
- If you were not imprisoned for the offense, you may apply to have the conviction set aside after five years have passed since the date of sentencing.
- If you were imprisoned, you may apply to have the conviction set aside when five years have passed since being released from the term of imprisonment.
Because this is paper intensive, consider hiring a criminal attorney to help you through the process.
For more information on the expungement process in Michigan, visit the following articles:
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