How To Get A Felony Expunged In Michigan

Expungement Lawyers in Michigan

The Michigan Expungement Lawyers with LEWIS & DICKSTEIN, P.Fifty.Fifty.C. tin help you become a fresh get-go. Don't trust your fate to the lowest bidder.

Michigan Expungement Attorney

Is your criminal record holding you back? Are y'all having difficulty advancing in your career or getting a job? Is a prior fault in judgment standing in the manner of a professional license? Do you want a clean criminal history? Your all-time promise of getting a clean record is with an expungement lawyer in Michigan.

"Everyone makes mistakes in life, only that does not mean they have to pay for them for the rest of their life. Sometimes good people make bad choices; it does not mean they are bad, it only ways they are human being."

The law firm of LEWIS & DICKSTEIN, P.50.50.C. has successfully represented clients throughout Oakland County, Wayne Canton, Macomb County, Washtenaw County, Livingston County, and throughout Michigan. They volition do whatever it takes to aid clients clear their criminal records. We tin can use our decades of experience to help wipe out your criminal history. You may have had a lapse in judgment many years ago, or maybe you were wrongfully convicted of a law-breaking? A skillful lawyer can clear your record with an Application to Set Aside Confidence or Move for Expungement.

Any your particular state of affairs, nosotros will consult with you free of accuse and determine whether you may qualify for an expungement. In Michigan, an expungement is also known equally a Motion to Set Aside a Confidence. Nosotros can then guide y'all through this process for a felony or misdemeanor and, if you lot are eligible, aid you clear your criminal history equally quickly equally possible. When many people represent themselves or hire a bargain lawyer, the outcome can exist unnecessarily devastating. You may but get one risk to request an expungement, and nosotros can make certain it is done right the first time.

A Fresh Start Without a Criminal Record

Setting aside a felony or misdemeanor conviction can result in better or new employment, housing, restoration of voting rights, and financial opportunities. Imagine the sense of relief when your prior confidence is set aside, and yous can motion forward in life with no criminal tape. You volition have peace of mind knowing that they can truthfully and legally answer "no" when asked whether they accept any criminal convictions. If yous would like to acquire more about felony or misdemeanor expungement and how LEWIS & DICKSTEIN, P.Fifty.L.C. tin help you lot with that process, nosotros contact usa today for a free initial consultation.

Unpaid restitution does not prevent a judge from setting aside a conviction; however, the defendant volition even so be responsible for paying outstanding restitution.

Make clean Slate Expungement Laws

On October 12, 2020, Governor Gretchen Whitmer signed vii bills into law, expanding the number and types of offenses that are expungeable. To determine if your prior convictions can be set aside, you will demand to telephone call us for a complimentary consultation. The law provides for many exceptions and limitations, and we will need to hear from you to make up one's mind your specific eligibility. The expungement lawyers in Michigan with LEWIS & DICKSTEIN, P.L.50.C. have vast experience winning motions to ready aside felony and misdemeanor convictions. The central provisions of the Clean Slate Laws are as follows:

After April 12, 2021, up to three (3) felony offenses and an unlimited number of misdemeanors tin can be expunged through the awarding process (an Application to Set Aside Conviction tin be filed before that date; notwithstanding, the hearing before the judge cannot be scheduled until that time).

If applying for expungement, no more than 2 assaultive crimes can be expunged, and no more than one felony confidence for the aforementioned offense if the crime is punishable by more than ten (10) years imprisonment.

Assaultive crimes include:
- Threats, assaults, and batteries against family independence bureau employees,
- Any felony or misdemeanor assail of any type,
- Carjacking and Robbery,
- Offenses involving explosives, harmful chemicals, biological substances, radioactive material, electronic or electromagnetic devices, offensive or injurious substances or compounds, combustible substances,
- Offenses related to terrorism,
- Murder, Homicide, Assault with Intent to Murder, and Mayhem,
- Kidnapping, Unlawful Imprisonment, or taking an developed or kid hostage, Stalking,
- Criminal Sexual Conduct (CSC), Molestation, Child Abuse, and Rape,
- A law-breaking resulting in miscarriage, stillbirth, or death or impairment to an embryo or fetus,
- Home Invasion, and
- Felonious Discharge of a Firearm.

The waiting period is iii (3) years for many misdemeanors, five (5) years for a serious misdemeanor or upwardly to one felony, and seven (7) years for multiple felony convictions (it was 5 (5) years for all offenses under the old expungement police).

Afterwards October 12, 2022, at the earliest, a maximum of 2 felony convictions and upwards to 4 misdemeanors will exist subject to automated expungement, with various exceptions, including an assaultive crime, crime of dishonesty, a felony punishable by x or more than years, a criminal offense against a kid or vulnerable adult, or a law-breaking related to homo trafficking.

For an offense to exist eligible for automatic expungement, at that place must be no contact with the criminal justice system for seven years from the imposition of sentence for a misdemeanor and ten years from the decision of probation or incarceration, whichever is subsequently, for a felony.

Traffic convictions, other than a 2nd or subsequent OWI/DUI (a first offense DUI or OWI tin be expunged), traffic crimes that resulted in death or injury, or traffic offenses involving a commercial vehicle's performance can be set aside nether the Clean Slate Laws.

Crimes that aren't eligible for expungement includeast:

- life felonies or attempted life felonies,
- felony domestic violence with a previous misdemeanor domestic violence confidence,
- child abuse,
- most criminal sexual behave offenses (CSC),
- second or subsequent OWI/DUI (drunk or drug related traffic offenses),
- crimes committed during the performance of a commercial vehicle,
- traffic offenses causing injury or expiry,
- permitting a 16-yr-old or younger female to be in a house of prostitution,
- holding an individual in debt bondage,
- any criminal offense directly or indirectly related to human trafficking for forced labor,
- or any offense related to terrorism.

A streamlined process for expunging marijuana possession convictions, including no waiting period (if filed on or afterward April 21, 2021).

Multiple felonies or misdemeanors that arise inside the same 24-hour period count equally one confidence for expungement, except for assaultive crimes, offenses involving the use or possession of a dangerous weapon, or crimes that comport a maximum penalisation of 10 or more than years in prison.

Nuances to the Clean Slate Laws You Demand to Know

If a criminal sexual conduct confidence is expunged, the defendant is no longer "bedevilled" for the Michigan Sex Offender Registration Act'south purposes.

An expunged confidence can withal be used to enhance the maximum possible punishment for a post-expungement felony conviction under Michigan's habitual offender laws, MCL 769.tenet seq.

The expunged conviction volition be function of a nonpublic record that is available to the governor, law enforcement, prosecutors, and courts for a diverseness of purposes, including pardon decisions, employment with MDOC or constabulary enforcement, plea bargaining, licensing through the judicial co-operative of regime, sentencing for either a felony or misdemeanor punishable by more than 1 year of imprisonment and consideration of future set-bated applications.

The "aforementioned transaction within 24-hours rule" applies to non-automated expungement and expungement under the special marijuana provisions of the Clean Slate Laws.

Winning an Expungement Motion

Michigan constabulary provides that a person may utilise for a conviction prepare aside if certain conditions are satisfied. A court may set aside a conviction if (one) the circumstances and behavior of the applicant since the date of the conviction warrant the requested relief and (2) the setting aside of the conviction is consistent with the public welfare. Near expungement lawyers in Michigan fail to grasp the concept of arguing that setting aside a conviction is in society's all-time interest. To win, you must make a persuasive and credible argument that setting aside the confidence is in the public welfare. Failure to properly brand this argument will consequence in the motion to set up aside the conviction existence denied. If the move is denied, yous cannot file once more for three (3) years. Top lawyers know how to get an expungement.

Michigan cases have held that the analysis and consideration of an expungement motion request should exist based solely on the defendant's circumstances and behavior and non solely upon other factors outlined in the statute. The Michigan Courtroom of Appeals has interpreted the statute equally establishing a balancing test between a defendant's "circumstances and behavior" later on the conviction and the "public welfare." Finally, courts take ruled that the expungement statute should be liberally construed to favor its remedial policy.

People oft lose in court when they represent themselves or hire an inferior attorney. The conviction remains on their record, preventing them from obtaining meaningful employment or promotions at work. When deciding on the caliber of a lawyer to hire for an expungement move, information technology is helpful to consider the cost of losing. What is the cost of three years of lost opportunity if you lose? When because the value of clearing your criminal history, the importance of hiring an experienced, successful lawyer becomes articulate.

There is hope even if you lot're not eligible for an expungement.

What if you have 1 or more offenses that are non eligible for expungement? Clients who take too many convictions are in a hard situation. We take handled many cases for clients who were ineligible for relief, and we have successfully cleared their records. Some form of post-conviction motion would take to be filed on one or more of the prior offenses to either go them dismissed, reduced, or changed in some way to make the client eligible for an expungement. This process can be an uphill battle and often requires the prosecutor's capitulation.

Attorneys with an Unparalleled Track Tape of Success

If you have one or more convictions on your tape and y'all want a fresh start with no criminal history, please call united states today for a costless consultation and confidential case evaluation. Our expungement lawyers have decades of feel winning these motions. Do not hesitate to call our Expungement Defense Team for a free consultation. If there is a way to help you, we volition find it .

Telephone call us today at(248) 263-6800 for a free consultation orcomplete a Request for Assist Course. We volition contact you promptly and observe a way to assist you.

We will find a way to assistance you and, near importantly,
nosotros are non afraid to win!

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Expungement Lawyers in Michigan