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Michigan’s New Expungement Law (2015)
Michigan’s new expungement statue has in some instances made it easier for people to get certain convictions set aside. In Michigan the expungement process is known as “setting aside a conviction” and is governed by MCL 780.261. When you get a conviction set aside, it is as if the conviction never occurred. Under the new law, not only do you not have to disclose convictions that are set aside, in many cases it is a misdemeanor for someone to use, publish or divulge information known to be set aside.
While in many cases, the new expungement statute allows many more people to get their convictions set aside that were previously ineligible, it is also much more complicated to understand than the original statute. Because of this it is best to call our office to verify whether or not you are eligible. As a general rule, we have created a very generic outline that summarizes the new law that has been enacted. You can read the entire bill as passed by house and senate here. There are many exceptions to the chart below, while some are listed others may not be. If you are unsure if you are eligible it is best to contact us at 877-I-CAN-WIN. Your consultation is always 100% free.
HB 4186 changes the original statute to (with some exceptions) allow you to:
- Expunge a felony if convicted of up to two misdemeanors
- Expunge up to two misdemeanors (regardless of max jail time) if this is all that they have been convicted of.
**If you are not eligible for an expungement, we may be able to help you remove your record from several online background check companies. For more information on that service click here**
*This now includes even high level misdemeanors (with more than one year of possible incarceration)
What CANNOT be expunged:
1. Traffic related misdemeanors
- Your traffic related misdemeanors will no longer prevent you from getting other crimes expunged but will count towards your total misdemeanor count.
*This includes DUIs (called OWIs or OWVIs in Michigan), driving on suspended license, reckless driving etc.
2. Criminal Sexual Conduct of any degree
- Criminal Sexual Conduct in the 4th Degree has a special rule if the conviction occurred before the passage of the new law (sometime in early 2015)
- There is a special exception in certain instances if the offense was committed as a direct result of being a victim of a human trafficking violation
3. Any felony where the maximum punishment is life imprisonment or an attempt to commit a felony for which the maximum punishment is life imprisonment
4. A felony conviction for Domestic Violence if there is a previous misdemeanor conviction for domestic violence
*Unlike previously, charges that were sealed under HYTA or 7411 are considered convictions for purposes of this statute
5. Child Abuse related crimes are not expungeable
The new Michigan expungement law can be complicated. Make sure you have an attorney that knows the rules. Call us at 877-I-CAN-WIN today for your free consultation.
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We do more Expungements than anything else. If we determine you qualify, we have over a 95% success rate of getting your conviction set aside.